John Eric Ginn v. State ( 2010 )

MEMORANDUM OPINION
No. 04-10-00700-CR
John Eric GINN,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2008CR1279
Honorable Ron Rangel, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: November 10, 2010
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence in the underlying cause on August 7, 2009. Because
appellant did not file a motion for new trial, the notice of appeal was due to be filed September 7,
2009. TEX. R. APP. P. 26.2(a)(1). Appellant filed a notice of appeal on September 23, 2010. A
timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See Olivo v. State,
918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
04-10-00700-CR
On October 5, 2010, we ordered appellant to show cause in writing why this appeal
should not be dismissed for lack of jurisdiction. Appellant’s response to our show cause order
was due to be filed by October 19, 2010. No response was filed. Because appellant did not file a
timely notice of appeal, this appeal is dismissed for lack of jurisdiction. See id.; 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).
PER CURIAM
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