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MEMORANDUM OPINION
No. 04-09-00078-CR
Michael FLORES,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 5, Bexar County, Texas
Trial Court No. 267421
Honorable Brenda Chapman, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: March 11, 2009
DISMISSED FOR LACK OF JURISDICTION
Appellant was sentenced on December 10, 2008. No timely motion for new trial having been
filed, appellant’s notice of appeal was due to be filed no later than January 9, 2009. See TEX . R. APP .
P. 26.2. The notice of appeal was not filed until February 3, 2009, and no motion for extension of
time was filed. See TEX . R. APP . P. 26.3. This court lacks jurisdiction over an appeal of a criminal
conviction in the absence of a timely, written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522
(Tex. Crim. App. 1996); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988).
04-09-00078-CR
On February 10, 2009, we ordered appellant to show cause in writing why this appeal should
not be dismissed for lack of jurisdiction.1 Appellant did not respond to our order. Because no
timely, written notice of appeal was filed, the appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
1
… W e also noted that the trial court’s certification in this appeal states that “this criminal case is a plea-bargain
case, and the defendant has NO right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The
appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the
record under these rules.” T EX . R. A PP . P. 25.2(d).
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