MEMORANDUM OPINION
No. 04-05-00221-CR
Melvin Lemone LEWIS,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2004-CR-5758
Honorable Bert Richardson, Judge Presiding
PER CURIAM
Sitting: Alma L. López, Chief Justice
Catherine Stone, Justice
Sarah B. Duncan, Justice
Delivered and Filed: June 8, 2005
DISMISSED FOR LACK OF JURISDICTION
Appellant was sentenced on January 19, 2005. No timely motion for new trial having been filed, appellant’s notice of appeal was due to be filed no later than February 18, 2005. See Tex. R. App. P. 26.2. The notice of appeal was not filed until April 12, 2005, and a motion for extension of time to file notice of appeal was not filed until April 14, 2005. See Tex. R. App. P. 26.3.
Appellant has not responded to this court’s order for appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. This court lacks jurisdiction over an appeal in the absence of a timely written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). In order for appellant’s appeal to have been timely filed, the notice of appeal was required to have been filed in the trial court and a motion for extension of time was required to have been filed in this court no later than March 7, 2005. 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). The appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH