David Cepeda Jones v. State

MEMORANDUM OPINION No. 04-10-00921-CR David Cepeda JONES, Appellant v. The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 1994CR5367W Honorable Sid L. Harle, Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: January 26, 2011 DISMISSED FOR LACK OF JURISDICTION The trial court imposed sentence in the underlying cause on August 5, 1997. The notice of appeal was due to be filed on September 4, 1997. TEX. R. APP. P. 26.2(a). Appellant filed a notice of appeal on November 30, 2010. A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Because appellant failed to file a timely notice of appeal, this appeal is dismissed for lack of jurisdiction. See id.; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 04-10-00921-CR 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). PER CURIAM DO NOT PUBLISH -2-