i i i i i i
MEMORANDUM OPINION
No. 04-10-00072-CR
Frank ALEXANDER,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2007CR10812
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: March 10, 2010
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence in the underlying cause on August 11, 2009. A timely
motion for new trial having been filed, appellant’s notice of appeal was due to be filed no later than
November 9, 2009. See TEX . R. APP . P. 26.2. Appellant’s notice of appeal was not filed with the
trial court clerk until January 27, 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 Court of Appeals, 802 S.W.2d 241 (Tex. Crim.
04-10-00072-CR
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)1; 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DO NOT PUBLISH
1
… The trial court signed an appointment of attorney on January 29, 2010, with a handwritten notation “out of
time appeal.” It appears the appointment was made by the trial court in an effort to assist the appellant in pursuing an
out-of-time appeal.
-2-