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MEMORANDUM OPINION
No. 04-10-00162-CR
Antonio OLVEDA,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2008CR8045
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: March 10, 2010
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence in the underlying cause on September 28, 2009. No timely
motion for new trial having been filed, appellant’s notice of appeal was due to be filed no later than
October 28, 2009. See TEX . R. APP . P. 26.2. Appellant’s notice of appeal was not filed with the trial
court clerk until February 16, 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.
04-10-00162-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); 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DO NOT PUBLISH
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