Kirson Barnes v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County

State: Texas

Court: Texas Northern District Court

Docket No: 04-02-00815-CR

Case Date: 12/24/2002

Plaintiff: RUBEN LUNA, III AND JORGE LUIS HERNANDEZ

Defendant: ULTIMATE INVESTMENTS, INC.--Appeal from 206th District Court of Hidalgo County

Preview:Kirson Barnes v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County
No. 04-02-00815-CR Kirson BARNES, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 1999CR0960 Honorable Sid L. Harle, Judge Presiding PER CURIAM Sitting: Phil Hardberger, Chief Justice Alma L. L pez, Justice Catherine Stone, Justice Delivered and Filed: December 24, 2002 DISMISSED FOR LACK OF JURISDICTION Appellant was sentenced on May 15, 2000. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than June 14, 2000. See Tex. R. App. P. 26.2. The notice of appeal was not filed until November 7, 2002. This court does not have jurisdiction to consider an appeal in the absence of a timely written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991)(out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). The appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH

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