Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00648-CR
Sebastian B. NIXSON,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR3758
Honorable Lori I. Valenzuela, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: November 19, 2014
DISMISSED FOR LACK OF JURISDICTION
Defendant pled nolo contendre to driving while intoxicated-3D/M (repeater) and was
sentenced within the terms of a plea bargain. The trial court imposed or suspended sentence on
August 4, 2014. Because appellant did not file a motion for new trial, the notice of appeal was
due to be filed September 3, 2014. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to
file the notice of appeal was due on September 18, 2014. TEX. R. APP. P. 26.3. Appellant filed
his notice of appeal on September 11, 2014. Appellant did not file a motion for extension of time.
04-14-00648-CR
Accordingly, on September 23, 2014, this court ordered appellant to show cause in writing why
this 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. 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); 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
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