MEMORANDUM OPINION
No. 04-12-00149-CR
Stephen R. SMITH,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CR2918
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: April 18, 2012
DISMISSED FOR WANT OF JURISDICTION
The trial court imposed sentence on September 2, 2011, and appellant did not file a
motion for new trial. The deadline for filing a notice of appeal was therefore October 2, 2011.
See TEX. R. APP. P. 26.2(a)(1). A document, which we construe to be appellant’s notice of
appeal, was not filed until March 2, 2012. Appellant did not file a timely motion for extension of
time to file the notice of appeal. See TEX. R. APP. P. 26.3.
04-12-00149-CR
On March 9, 2012, we issued an order advising appellant that his notice of appeal
appeared to be untimely and advising him to show cause on or before March 29, 2012, why this
appeal should not be dismissed for want of jurisdiction. We further advised appellant that if he
failed to satisfactorily respond by March 29, 2012, we would dismiss the appeal for want of
jurisdiction. Appellant did not file a response.
Because the notice of appeal in this case was not timely filed, we lack jurisdiction to
entertain the appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also
Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of
habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-
time appeals from felony convictions). Accordingly, we dismiss this appeal for want of
jurisdiction.
PER CURIAM
Do No Publish
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