Taylor Rae Rosenbusch v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00051-CR
Taylor Rae ROSENBUSCH,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR11074
Honorable Dick Alcala, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: February 5, 2014
DISMISSED FOR WANT OF JURISDICTION
On October 18, 2013, Appellant Taylor Rae Rosenbusch was sentenced to twelve years’
confinement in the Texas Department of Criminal Justice—Institutional Division in trial court
cause number 2011CR11074. Appellant’s notice of appeal was due not later than November 18,
2013. 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 December
3, 2013. 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 January 14, 2014; it does not show a motion for new trial or a motion
04-14-00051-CR
for extension of time to file a notice of appeal was filed. See TEX. R. APP. P. 26.3. In Appellant’s
motion to abate the appeal numbered 04-14-00050-CR, an appeal of trial court cause number
2011CR11075, Appellant acknowledges that she did not timely file a notice of appeal in this appeal
(i.e., 04-14-00051-CR).
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DO NOT PUBLISH
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