MEMORANDUM OPINION
No. 04-11-00149-CR
Randolph Lee NOBLES,
Appellant
v.
The STATE of Texas,
Appellee
From the 218th Judicial District Court, Wilson County, Texas
Trial Court No. 10-03-00048-CRW
Honorable Stella Saxon, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: April 20, 2011
DISMISSED FOR WANT OF JURISDICTION
The trial court imposed sentence on Randolph Lee Nobles on November 8, 2010, and
Randolph Lee Nobles did not file a motion for new trial. The deadline for filing a notice of
appeal was therefore December 8, 2010. TEX. R. APP. P. 26.2(a)(1). A notice of appeal was not
filed until February 3, 2011, and the envelope in which the notice of appeal was mailed was not
postmarked until February 2, 2011. Appellant did not file a timely motion for extension of time
to file the notice of appeal. See TEX. R. APP. P. 26.3.
04-11-00149-CR
Because the notice of appeal in this case was not timely filed, we lack jurisdiction to
entertain the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding
that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address
merits of appeal, and court may take no action other than to dismiss appeal; court may not
suspend rules to alter time for perfecting appeal); 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DO NOT PUBLISH
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