Royal Olaf Broten III v. The State of Texas--Appeal from 299th District Court of Travis County

State: Texas

Docket No: 03-08-00531-CR

Case Date: 12/12/2008

Plaintiff: SERGIO SIERRA

Defendant: LAGO VIEJO SOUTH HOMEOWNERS ASSOCIATION, INC. AND WILLIAM F. KIMBALL, TRUSTEE--Appeal from 197th Di

Preview:Andrew Lopez v. The State of Texas--Appeal from
187th Judicial District Court of Bexar County
MEMORANDUM OPINION
No. 04-04-00598-CR
Andrew LOPEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CR-2402
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Alma L. L pez, Chief Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: September 29, 2004
DISMISSED FOR LACK OF JURISDICTION
A judgment of "not guilty" was signed on October 9, 2003. Because appellant did not file a motion for new trial, the
notice of appeal was due to be filed on November 10, 2003. Tex. R. App. P. 26.2(a)(1). A motion for extension of time
to file the notice of appeal was due on November 25, 2003. Tex. R. App. P. 26.3. Appellant filed a motion for
extension of time to file a notice of appeal on August 18, 2004. He has not filed a notice of appeal.
On August 26, 2004, 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. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998);
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, 243 (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DO NOT PUBLISH
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