Edward Gerard Valdez v. State ( 2010 )

MEMORANDUM OPINION
No. 04-10-00355-CR
Edward Gerard VALDEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-CR-10525
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 14, 2010
DISMISSED FOR LACK OF JURISDICTION
Appellant was sentenced on July 27, 2009. A timely motion for new trial having been
filed, appellant’s notice of appeal was due to be filed no later than October 26, 2009. See TEX.
R. APP. P. 26.2. The notice of appeal was not filed until April 28, 2010. No motion for
extension of time was filed. See TEX. R. APP. P. 26.3. This court lacks jurisdiction to consider
an appeal if a timely notice of appeal has not been filed. 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 (Tex. Crim.
04-10-00355-CR
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).
On May 11, 2010, we ordered appellant to show cause why this appeal should not be
dismissed for lack of jurisdiction. Appellant responded, agreeing that the appeal was untimely
filed. Accordingly, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-