Ex Parte Ramon Salazar, Jr. ( 2016 )

Fourth Court of Appeals
San Antonio, Texas
July 28, 2016
No. 04-16-00451-CR
Ex Parte Ramon SALAZAR, Jr.,
Appellant
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR4942B
Honorable Lori I. Valenzuela, Judge Presiding
ORDER
It appears from the record that appellant seeks to appeal the denial of bond pursuant to
article I, section 11a of the Texas Constitution. The Court of Criminal Appeals has exclusive
jurisdiction over denial of bonds under this section of the Texas Constitution. Clapp v. State,
639 S.W.2d 949, 952 (Tex. Crim. App. 1982). Appellant is therefore ORDERED to show cause
within two weeks from the date this order is signed why this appeal should not be dismissed for
want of jurisdiction.
In addition, it appears appellant’s notice of appeal is not timely filed. See Ex parte
Matthews, 452 S.W.3d 8, 10–11 (Tex. App.—San Antonio 2014, no pet.). “A timely notice of
appeal is necessary to invoke a court of appeals’ jurisdiction.” Olivo v. State, 918 S.W.2d 519,
522 (Tex. Crim. App. 1996); accord Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim.
App.2012). Generally, a defendant has thirty days from the date of an appealable order to file a
notice of appeal. See TEX. R. APP. P. 26.2(a)(1); Olivo, 918 S.W.2d at 522; Green v. State, 999
S.W.2d 474, 476 (Tex.App.—Fort Worth 1999, pet. ref'd). “If a notice of appeal is not timely
filed, the court of appeals has no option but to dismiss the appeal for lack of jurisdiction.”
Castillo, 369 S.W.3d at 198; see Olivo, 918 S.W.2d at 522.
It is therefore ORDERED that appellant show cause in writing within two weeks from the
date this order is signed why this appeal should not be dismissed for lack of jurisdiction.
_________________________________
Jason Pulliam, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
said court on this 28th day of July, 2016.
___________________________________
Keith E. Hottle
Clerk of Court