Rudy Delgado, Sr. v. State ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00924-CR
Rudy DELGADO, Sr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 81st Judicial District Court, Atascosa County, Texas
Trial Court No. 12-07-0141-CRA
Honorable Russell Wilson, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Irene Rios, Justice
Delivered and Filed: December 19, 2018
DISMISSED FOR LACK OF JURISDICTION
Pursuant to a plea bargain agreement, appellant pleaded guilty to two counts of aggravated
sexual assault on February 25, 2015. The trial court deferred adjudication of appellant’s guilt and
placed him on community supervision for ten years. On August 1, 2016, the State filed two
motions, requesting the trial court enter an adjudication of guilt for each count and revoke
appellant’s community supervision. The trial court granted the State’s motions and sentenced
appellant to two sixty-year terms of imprisonment to be served concurrently. The trial court
imposed sentence in the underlying cause on May 3, 2017.
04-18-00924-CR
Appellant did not file a motion for new trial. Therefore, appellant’s notice of appeal was
due to be filed June 2, 2017. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the
notice of appeal was due on June 17, 2017. TEX. R. APP. P. 26.3. Appellant did not file his notice
of appeal until October 24, 2018, approximately sixteen months after its due date.
Because the notice of appeal in this case was not timely filed, we lack jurisdiction to
entertain the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding
that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address merits
of appeal, and court may take no action other than to dismiss appeal; court may not suspend rules
to alter time for perfecting appeal); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996);
see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that
writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs
out-of-time appeals from felony convictions).
Accordingly, we dismiss this appeal for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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