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MEMORANDUM OPINION
No. 04-09-00485-CR
Jose A. CORDOVA,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2005-CR-5739
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: September 23, 2009
DISMISSED FOR WANT OF JURISDICTION
The trial court imposed sentence on February 5, 2007. Because appellant did not file a
motion for new trial, the notice of appeal was due to be filed on March 7, 2007. TEX . R. APP . P.
26.2(a)(1). A motion for extension of time to file the notice of appeal was due on March 22, 2007.
TEX . R. APP . P. 26.3. Appellant did not file his notice of appeal until May 4, 2009; appellant did not
file a motion for extension of time. This court issued an order on August 18, 2009 directing
04-09-00485-CR
appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. On
September 3, 2009, appellant filed a written response asserting that his double jeopardy rights were
violated in this case and asking this court to extend the time for filing his notice of appeal.
A late notice of appeal invokes the appellate court’s jurisdiction in a criminal case only if
(1) it is filed within fifteen days of the last day allowed for filing the notice of appeal, (2) a motion
for extension of time is filed in the court of appeals within the fifteen-day grace period, and (3) the
court of appeals grants the motion for extension of time. Olivo v. State, 918 S.W.2d 519, 522 (Tex.
Crim. App. 1996). This court may not extend the time to file a notice of appeal unless a motion for
extension of time is filed in the appellate court within fifteen (15) days after the deadline for filing
the notice of appeal. See TEX . R. APP . P. 26.3. As noted, appellant did not file a motion for
extension within the fifteen-day grace period. When a notice of appeal and a motion for extension
of time are not filed within the fifteen-day grace period, the appellate court lacks jurisdiction. TEX .
R. APP . P. 26.3; Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). But see Ater v. Eighth
Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (an out-of-time appeal from a final
felony conviction may be sought by filing a writ of habeas corpus in the trial court pursuant to article
11.07 of the Texas Code of Criminal Procedure). Accordingly, this appeal is dismissed for lack of
jurisdiction.
PER CURIAM
DO NOT PUBLISH
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