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MEMORANDUM OPINION
No. 04-08-00685-CR
James R. HIATT,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CR-2741
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: October 8, 2008
DISMISSED FOR WANT OF JURISDICTION
Appellant was sentenced on May 30, 2008. A timely motion for new trial was filed, and
therefore appellant’s notice of appeal was due to be filed on August 28, 2008; a motion for extension
of time to file a notice of appeal was due on September 12, 2008. See TEX . R. APP . P. 26.2(a), 26.3.
Appellant filed his notice of appeal in the trial court on September 4, 2008, but did not file a motion
for extension of time to file a late notice of appeal in this Court. See TEX . R. APP . P. 26.3. When
a notice of appeal and a motion for extension of time are not filed within the fifteen-day grace period
04-08-00685-CR
after the deadline for filing notice of appeal, the appellate court lacks jurisdiction. TEX . R. APP . P.
26.3; 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, 243 (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). We issued an order on September 19, 2008 directing appellant to
show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant’s counsel
responded in writing and agreed that this Court lacks jurisdiction over this appeal. TEX . R. APP . P.
26.3; Olivo, 918 S.W.2d at 522. Accordingly, the appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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