Daniel Solis Deluna v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00366-CR
Daniel Solis DELUNA,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CR-8127
Honorable Ray Olivarri, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: June 25, 2014
DISMISSED FOR WANT OF JURISDICTION
On March 27, 2014, Appellant Daniel Solis Deluna was sentenced to two years in the Texas
Department of Criminal Justice—State Jail Division in trial court cause number 2010-CR-8127.
Appellant’s notice of appeal was due not later than April 28, 2014. See TEX. R. APP. P. 26.2(a);
Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Appellant’s motion for extension of
time to file a notice of appeal was due not later than May 13, 2014. See TEX. R. APP. P. 26.3;
Olivo, 918 S.W.2d at 522. The clerk’s record shows Appellant’s notice of appeal was filed on
04-14-00366-CR
May 7, 2014; it does not show a motion for new trial or a motion for extension of time to file a
notice of appeal was filed. See TEX. R. APP. P. 26.3.
Absent a timely-filed, written notice of appeal of a criminal conviction, this court lacks
jurisdiction over the appeal. Olivo, 918 S.W.2d at 522 (“A timely notice of appeal is necessary to
invoke a court of appeals’ jurisdiction.”); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App.
1988).
This appeal is dismissed for want of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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