IN THE TENTH COURT OF APPEALS No. 10-07-00292-CR ROBERT MICHAEL STORY, Appellant v. THE STATE OF TEXAS, Appellee

From the 18th District Court Johnson County, Texas Trial Court No. F40659

MEMORANDUM OPINION Robert Story, pro se, appeals from his plea-bargained conviction of aggravated robbery. The Clerk of this Court warned Story that because the trial court noted on the certification of defendant’s right of appeal that he had no right of appeal, the Court may dismiss the appeal unless, within 21 days, a response was filed showing grounds for continuing the appeal. See TEX. R. APP. P. 25.2(d); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006). Story asserts in his response that he pled guilty because of ineffective assistance of counsel and that he was not admonished on the full range of punishment.

The Clerk further warned Story that the Court may dismiss his appeal because his notice of appeal was not timely filed. The date of the judgment of conviction is May 7, 2007. Story’s notice of appeal was filed on September 17, 2007 and was thus untimely. See TEX. R. APP. P. 26.2(a)(1) (providing that notice of appeal must be filed within 30 days after date sentence imposed or 30 days after entry of appealable order).

Story’s response does not address his untimely notice of appeal. Because the notice of appeal is untimely, we lack jurisdiction over Story’s appeal and dismiss it for lack of jurisdiction.

PER CURIAM

Before Chief Justice Gray, Justice Vance, and Justice Reyna Appeal dismissed Opinion delivered and filed October 17, 2007 Do not publish [CR25]

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