Raymond Landa v. State of Texas--Appeal from 227th Judicial District Court of Bexar County

State: Texas

Court: Texas Northern District Court

Docket No: 04-00-00801-CR

Case Date: 02/14/2001

Plaintiff: XAVIER ROLANDO RESENDEZ

Defendant: THE STATE OF TEXAS--Appeal from 103rd District Court of Cameron County

Preview:Raymond Landa v. State of Texas--Appeal from 227th Judicial District Court of Bexar County
No. 04-00-00801-CR Raymond LANDA, Appellant v. The State of TEXAS, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2000-CR-0564 Honorable Philip A. Kazen, Jr., Judge Presiding Per Curiam Sitting: Tom Rickhoff, Justice Alma L. L pez, Justice Catherine Stone, Justice Delivered and Filed: February 14, 2001 DISMISSED FOR LACK OF JURISDICTION The trial court imposed sentence on October 16, 2000. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed November 15, 2000. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on November 30, 2000. Tex. R. App. P. 26.3. Appellant filed his notice of appeal on November 17, 2000. Appellant did not file a motion for extension of time. On January 3, 2001, we ordered appellant to show cause why his appeal should not be dismissed for lack of jurisdiction. Appellant did not file a response. This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (out-of-time appeal from felony conviction may be sought by filing a writ of habeas corpus pursuant to Texas Code of Criminal Procedure article 11.07). This appeal is therefore dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH

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