MEMORANDUM OPINION

No. 04-10-00921-CR

David Cepeda JONES,

Appellant

v.

The STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 1994CR5367W

Honorable Sid L. Harle, Judge Presiding

PER CURIAM

Sitting:          Rebecca Simmons, Justice

                     Steven C. Hilbig, Justice

                     Marialyn Barnard, Justice

Delivered and Filed:  January 26, 2011

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence in the underlying cause on August 5, 1997.  The notice of appeal was due to be filed on September 4, 1997.  Tex. R. App. P. 26.2(a).  Appellant filed a notice of appeal on November 30, 2010.  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).  Because appellant failed to file a timely notice of appeal, 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DO NOT PUBLISH