Noel Ramos v. the State of Texas ( 2021 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00346-CR
Noel RAMOS,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR5308B
Honorable Pat Priest, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: October 6, 2021
DISMISSED FOR WANT OF JURISDICTION
The trial court imposed sentence in Noel Ramos’s underlying criminal case on May 27,
2014. Because Ramos did not file a motion for new trial, the notice of appeal was due to be filed
on June 26, 2014. TEX. R. APP. P. 26.2(a)(1). On August 18, 2021, Ramos filed a pro se “Late
Notice of Appeal,” which we will construe as a motion to late-file his notice of appeal.
“A timely notice of appeal is necessary to invoke the jurisdiction of this Court.” Taylor v.
State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014). “A defendant’s notice of appeal is timely if
filed within thirty days after the day sentence is imposed or suspended, or within ninety days after
04-21-00346-CR
sentencing if the defendant timely files a motion for new trial.” Id. (citing TEX. R. APP. P.
26.2(a)(1)). Because Ramos did not timely file a notice of appeal, it appeared we lacked
jurisdiction over this appeal. Therefore, on August 30, 2021, this court ordered Ramos to show
cause no later than September 13, 2021 why this appeal should not be dismissed for lack of
jurisdiction. Our order cautioned Ramos that if he did not timely respond, this appeal would be
dismissed. All appellate deadlines were suspended until further order of the court. Ramos did not
respond to our August 30, 2021 order.
Because we lack jurisdiction over this appeal, the appeal is dismissed for want of
jurisdiction. 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).
PER CURIAM
Do not publish
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