MEMORANDUM OPINION
Nos. 04-10-00878-CR & 04-10-00879-CR
John FENNELL,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2010CR9672W & 2008CR3179A
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: January 19, 2011
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence in each of the underlying causes on September 22, 2010.
Because appellant did not file a motion for new trial, the notice of appeal was due to be filed
October 22, 2010. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice
of appeal was due on November 8, 2010. TEX. R. APP. P. 26.3. Appellant filed a notice of
appeal on December 7, 2010, but appellant did not file a motion for extension of time.
04-10-00878-CR & 04-10-00879-CR
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). A late notice of appeal may be
considered timely so as to invoke a court of appeals’ jurisdiction if (1) it is filed within fifteen
days of the last day allowed for filing, (2) a motion for extension of time is filed in the court of
appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3) the
court of appeals grants the motion for extension of time. See id. Because it appeared that the
notice of appeal in each of these appeals was untimely filed, we ordered appellant to show cause
in writing why these appeals should not be dismissed for lack of jurisdiction. Appellant did not
respond to our order. Because the notice of appeal was untimely filed in each of the underlying
causes, these appeals are dismissed for lack of jurisdiction. See id.; see also Ater v. Eighth Court
of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 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DO NOT PUBLISH
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