Eliodoro Munguia III v. the State of Texas ( 2021 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00139-CR
Eliodoro MUNGUIA III,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2020CR6173
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Beth Watkins, Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: May 26, 2021
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence in the underlying cause on October 30, 2020. Because
appellant did not file a motion for new trial, the notice of appeal was due by November 30, 2020.
TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due by
December 14, 2020. See id. R. 26.3. Appellant filed a notice of appeal on April 5, 2021, but did
not file a motion for extension of time.
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). A late notice of appeal may be considered
04-21-00139-CR
timely so as to invoke a court of appeals’ jurisdiction if (1) it is filed within fifteen days of the last
day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within
fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals
grants the motion for extension of time. See id.Here, because it appeared the notice of appeal was untimely filed and no extension of time
was filed, we ordered appellant to show cause in writing by May 14, 2021 why this appeal should
not be dismissed for lack of jurisdiction. Appellant did not file a response. Accordingly, this appeal
is dismissed for lack of jurisdiction. See id.PER CURIAM
DO NOT PUBLISH
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