STATE OF TEXAS EX REL. PATRICIA R. LYKOS v. THE HONORABLE KEVIN FINE (Other)

State: Texas

Docket No: WR-75,015-02

Case Date: 12/07/2010

Plaintiff: STATE OF TEXAS EX REL. PATRICIA R. LYKOS

Defendant: THE HONORABLE KEVIN FINE (Other)

Preview:Felix Lopez v. The State of Texas--Appeal from 144th Judicial District Court of Bexar County
MEMORANDUM OPINION No. 04-07-00497-CR Felix LOPEZ, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 1991-CR-0935A Honorable Susan D. Reed, Judge Presiding PER CURIAM

Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice

Delivered and Filed: August 29, 2007

DISMISSED FOR WANT OF JURISDICTION Appellant was sentenced on July 22, 1991. No motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than August 21, 1991. See Tex. R. App. P. 26.2(a)(1). Appellant's pro se notice of appeal was not filed until July 16, 2007. No motion for extension of time to file a notice of appeal was filed. See Tex. R. App. P. 26.3.

This court issued an order on August 2, 2007 directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant's appointed counsel responded by conceding that appellant has no right to appeal. When a notice of appeal and motion for extension of time are not filed within the fifteen-day grace period, the appellate court lacks jurisdiction. Tex. R. App. P. 26.3; 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 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). Accordingly, the appeal is dismissed for lack of jurisdiction. PER CURIAM Do Not Publish

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