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MEMORANDUM OPINION
No. 04-10-00135-CR
Jonathan ASHFORD,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2004 CR1066W
Honorable Mary D. Roman, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: March 10, 2010
DISMISSED FOR LACK OF JURISDICTION
After revoking appellant’s probation, the trial court imposed sentence in the underlying cause
on November 21, 2008. No timely motion for new trial having been filed, appellant’s notice of
appeal was due to be filed no later than December 22, 2008. See TEX . R. APP . P. 26.2. Appellant’s
notice of appeal was not filed with the trial court clerk until January 25, 2010. This court lacks
jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of
appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth
04-10-00135-CR
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); Apt v. State, No. 04-03-00885-CR, 2004 WL 730832, at *1 (Tex.
App.—San Antonio Apr. 7, 2004, no pet.) (unlike rule in civil cases, notice of appeal filed with
appellate court in criminal case is not deemed filed the same day with the trial court clerk) (not
designated for publication). Accordingly, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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