Susan Cohen Mandell v. Harold Lance Mandell--Appeal from 233rd District Court of Tarrant County

State: Texas

Court: Texas Northern District Court

Docket No: 02-09-00032-CV

Case Date: 12/16/2010

Plaintiff: Michael Flores

Defendant: The State of Texas--Appeal from County Court at Law No 5 of Bexar County

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MEMORANDUM OPINION
No. 04-09-00078-CR Michael FLORES, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 5, Bexar County, Texas Trial Court No. 267421 Honorable Brenda Chapman, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice

Delivered and Filed: March 11, 2009 DISMISSED FOR LACK OF JURISDICTION Appellant was sentenced on December 10, 2008. No timely motion for new trial having been filed, appellant's notice of appeal was due to be filed no later than January 9, 2009. See TEX . R. APP . P. 26.2. The notice of appeal was not filed until February 3, 2009, and no motion for extension of time was filed. See TEX . R. APP . P. 26.3. 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).

04-09-00078-CR

On February 10, 2009, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction.1 Appellant did not respond to our order. Because no timely, written notice of appeal was filed, the appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH

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... W e also noted that the trial court's certification in this appeal states that "this criminal case is a plea-bargain

case, and the defendant has NO right of appeal." Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." T EX . R. A PP . P. 25.2(d).

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