Thomas L. Castano v. State

i i i i i i MEMORANDUM OPINION No. 04-09-00672-CR Thomas L. CASTANO, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 4, Bexar County, Texas Trial Court No. 300086 Honorable Sarah Garrahan-Moulder, Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: December 16, 2009 DISMISSED FOR LACK OF JURISDICTION Appellant was sentenced on September 4, 2009. No timely motion for new trial having been filed, appellant’s notice of appeal was due to be filed no later than October 5, 2009. See TEX . R. APP . P. 26.2. The notice of appeal was not filed until October 14, 2009, and no motion for extension of time was filed. See TEX . R. APP . P. 26.3. 04-09-00672-CR This court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant responded by filing a motion to dismiss this appeal; however, this court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. See Olivo v. State, 918 S.W.3d 519, 522 (Tex. Crim. App. 1996). Accordingly, the appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-