Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00656-CR
Edward HERNANDEZ, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2011-CR-8580
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: December 5, 2012
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed or suspended sentence on April 30, 2012. Because appellant did
not file a motion for new trial, the notice of appeal was due to be filed May 30, 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
14, 2012. Tex. R. App. P. 26.3. Appellant filed his notice of appeal on October 13, 2012.
Appellant did not file a motion for extension of time. Accordingly, on November 5, 2012, this
court ordered appellant to show cause in writing no later than November 15, 2012 why this
appeal should not be dismissed for lack of jurisdiction. Appellant did not respond.
04-12-00656-CR
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); see also Ater v. Eighth Court of
Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (out-of-time appeal from felony
conviction may be sought by filing a writ of habeas corpus pursuant to Texas Code of Criminal
Procedure article 11.07). This appeal is therefore dismissed for lack of jurisdiction.
PER CURIAM
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