MEMORANDUM OPINION
No. 04-11-00182-CR
David Cepeda JONES,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 1994-CR-5367W
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: April 13, 2011
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence on August 5, 1997. Assuming appellant had timely filed
a motion for new trial, the latest possible date for appellant to have filed his notice of appeal was
November 3, 1997. See TEX. R. APP. P. 26.2(a). On February 22, 2011, appellant filed a pro se
notice of appeal. On March 9, 2011, this court issued an order directing appellant to show cause
why this appeal should not be dismissed for lack of jurisdiction. Appellant filed a written
04-11-00182-CR
response that does not provide a basis upon which this court may exercise jurisdiction over this
appeal.
A late notice of appeal invokes the appellate court’s jurisdiction in a criminal case only if
(1) it is filed within fifteen days of the last day allowed for filing the notice of appeal, (2) a
motion for extension of time is filed in the court of appeals within the fifteen-day grace period,
and (3) the court of appeals grants the motion for extension of time. Olivo v. State, 918 S.W.2d
519, 522 (Tex. Crim. App. 1996). This court may not extend the time to file a notice of appeal
unless a motion for extension of time is filed in the appellate court within fifteen (15) days after
the deadline for filing the notice of appeal. See TEX. R. APP. P. 26.3. When a notice of appeal
and a motion for extension of time are not filed within the fifteen-day grace period, the appellate
court lacks jurisdiction. Id.; Olivo, 918 S.W.2d at 522; but see Ater v. Eighth Court of Appeals,
802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (an out-of-time appeal from a final felony
conviction may be sought by filing a writ of habeas corpus in the trial court pursuant to article
11.07 of the Texas Code of Criminal Procedure). Accordingly, this appeal is dismissed for lack
of jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-