Paul De La Fuente v. The State of Texas--Appeal from County Court at Law No 8 of Bexar County

State: Texas

Docket No: 04-05-00742-CR

Case Date: 12/07/2005

Plaintiff: SAN JACINTO TITLE SERVICES OF CORPUS CHRISTI, LLC AND MARK S. SUVER

Defendant: LIZA A. PRATT--Appeal from 28th District Court of Nueces County

Preview:Paul De La Fuente v. The State of Texas--Appeal from County Court at Law No 8 of Bexar County
/**/ MEMORANDUM OPINION

No. 04-05-00742-CR

Paul Anthony DE LA FUENTE, Appellant

v.

The STATE of Texas, Appellee

From County Court at Law No. 8, Bexar County, Texas Trial Court No. 919941 Honorable Henry G. Schuble, Judge Presiding

PER CURIAM Sitting: Alma L. L pez, Chief Justice Catherine Stone, Justice Rebecca Simmons, Justice Delivered and Filed: December 7, 2005

DISMISSED Appellant was sentenced on June 17, 2005. No timely motion for new trial having been filed, appellant s notice of appeal was due to be filed no late than July 18, 2005. See Tex. R. App. P. 26.2. Additionally, appellant did not file a

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motion for extension of time in accordance with Tex. R. App. P. 26.3. When a notice of appeal if filed within the fifteen-day period but no timely motion for extension of time is filed, the appellate court lacks jurisdiction. 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). This appeal is therefore DISMISSED for lack of jurisdiction. PER CURIAM

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