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MEMORANDUM OPINION
No. 04-08-00375-CR
Willie L. JACKSON, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2005-CR-5117
Honorable Bert Richardson, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: July 23, 2008
DISMISSED FOR WANT OF JURISDICTION
Appellant was sentenced on May 22, 2006. The record does not reflect whether appellant
filed a motion for new trial. If no motion for new trial was filed, the notice of appeal was due on
June 21, 2006, and a motion for extension of time to file notice of appeal was due on July 6, 2006.
If a timely motion for new trial was filed, appellant’s notice of appeal was due to be filed on August
21, 2006, and a motion for extension of time to file notice of appeal was due on September 5, 2006.
04-08-00375-CR
See TEX. R. APP. P. 26.2(a), 26.3. Appellant filed a motion for leave to file a late notice of appeal
on May 30, 2008. This court issued an order on June 19, 2008 directing appellant to show cause
why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond. When
a notice of appeal and motion for extension of time are not filed within the fifteen-day grace period
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). Accordingly, the appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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