David Trevizo v. State ( 2019 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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DAVID TREVIZO, No. 08-19-00069-CR
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Appellant, Appeal from
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v. 41st District Court
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THE STATE OF TEXAS, of El Paso County, Texas
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Appellee. (TC # 20140D05903)
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MEMORANDUM OPINION
David Trevizo is attempting to appeal the trial court’s judgment revoking community
supervision. Finding that Appellant did not timely file his notice of appeal, we dismiss the appeal
for lack of jurisdiction.
A timely notice of appeal is necessary to invoke this Court’s jurisdiction. Olivo v. State,
918 S.W.2d 519, 522 (Tex.Crim.App. 1996). In a criminal case, a defendant’s notice of appeal is
due within thirty days after the sentence is imposed in open court or the trial court enters an
appealable order. See TEX.R.APP.P. 26.2(a)(1). The trial court revoked Appellant’s community
supervision and imposed the original ten-year sentence assessed when the court placed Appellant
on probation in 2016. The court imposed sentence on January 24, 2019. Consequently, the notice
of appeal was due to be filed no later than February 23, 2019. Although Appellant filed his notice
of appeal on March 1, 2019, which is within fifteen days of the filing deadline, he did not file an
extension motion. See TEX.R.APP.P. 26.3 (a court of appeals may extend the time to file the notice
of appeal if, within 15 days after the deadline for filing the notice of appeal, the party files in the
trial court the notice of appeal, and files in the appellate court a motion complying with Rule
10.5(b)). In the absence of a timely filed notice of appeal, a court of appeals does not have
jurisdiction to address the merits of the appeal in a criminal case and can take no action other than
to dismiss the appeal for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210
(Tex.Crim.App. 1998). Accordingly, we dismiss the appeal for lack of jurisdiction.
April 18, 2019
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
(Do Not Publish)
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