MEMORANDUM OPINION
No. 04-11-00450-CR
EX PARTE MARCELO PARODI
From the County Court at Law No. 6, Bexar County, Texas
Trial Court No. 2460
Honorable Wayne A. Christian, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: September 21, 2011
DISMISSED FOR LACK OF JURISDICTION
The trial court denied appellant’s application for writ of habeas corpus on April 25, 2011.
Therefore, the notice of appeal was due to be filed on May 25, 2011. TEX. R. APP. P. 26.2(a)(1).
Appellant did not file a motion for new trial or a motion for an extension of time in which to file
his notice of appeal. Appellant filed his notice of appeal on June 21, 2011. Appellate counsel’s
certificate of service in the notice of appeal is dated June 20, 2011. On August 24, 2011, we
ordered appellant to show cause why his appeal should not be dismissed for lack of jurisdiction.
Appellant’s counsel filed a response; however, although this court has appellate jurisdiction over
criminal habeas matters, see Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio
1999, no pet.), it is still necessary to file a timely notice of appeal to invoke our jurisdiction. See
04-11-00450-CR
TEX. R. APP. P. 25.2(a) and 26.2(a); 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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