Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00709-CR
Robert Allen WHITE,
Appellant
v.
The STATE of Texas,
Appellee
From the 21st District Court, Lee County, Texas
Trial Court No. 7370
The Honorable Dan Beck, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: January 30, 2013
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence in the underlying cause on April 19, 2012. Because
appellant did not file a motion for new trial, the notice of appeal was due to be filed May 21,
2012. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was
due on June 5, 2012. TEX. R. APP. P. 26.3. Appellant did not file his notice of appeal until
September 19, 2012.
A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See
Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be
04-12-00709-CR
considered timely so as to invoke a court of appeals’ jurisdiction if (1) it is filed within fifteen
days of the last day allowed for filing, (2) a motion for extension of time is filed in the court of
appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3) the
court of appeals grants the motion for extension of time. See id.
Because the notice of appeal appeared to be untimely filed in this appeal, appellant was
ordered to show cause why this appeal should not be dismissed for lack of jurisdiction.
Appellant responded with a motion requesting an out-of-time appeal. This court, however, does
not have jurisdiction to grant such a request which must instead be sought from the Texas Court
of Criminal Appeals. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (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). Because appellant
failed to file a timely notice of appeal, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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