MEMORANDUM OPINION
No. 04-10-00838-CR
Rafael M. VILLARREAL,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2008CR10755
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: December 22, 2010
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence in the underlying cause on November 20, 2009.
Because appellant did not file a motion for new trial, the notice of appeal was due to be filed
December 21, 2009. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice
of appeal was due on January 5, 2010. TEX. R. APP. P. 26.3. Appellant filed a notice of appeal
on November 22, 2010, and filed a motion to extend time to file the notice of appeal on
November 23, 2010.
04-10-00838-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. In this case, none of the
deadlines were met. Because the notice of appeal was untimely, 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. 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DO NOT PUBLISH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-