Arturo Aleman, Jr. v. State ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00698-CR
Arturo Aleman, Jr., Appellant
v.
The State of Texas, Appellee
FROM THE 207TH DISTRICT COURT OF COMAL COUNTY
NO. CR2008-349, THE HONORABLE JACK H. ROBISON, JUDGE PRESIDING
MEMORANDUM OPINION
Arturo Aleman, Jr., filed a notice of appeal of his July 10, 2011, judgment of
conviction for driving while intoxicated. See Tex. Penal Code §§ 49.04, .09. The State has filed
a motion to dismiss Aleman’s appeal for want of jurisdiction. Aleman filed his notice of appeal
on October 3, 2019, well beyond the deadline for filing a notice of appeal. See Tex. R. App. P.
26.2(a) (providing that notice of appeal must be filed within thirty days after day sentence is
imposed or suspended in open court, or within ninety days if motion for new trial is timely
filed).1 Because Aleman’s notice of appeal was untimely, we lack jurisdiction over this appeal.
See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (“If an appeal is not timely
perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal.”);
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The State treats Aleman’s notice of appeal as being from a June 20, 2017 order
revoking his probation for the same offense. Aleman’s notice of appeal is also untimely as to
that order.
Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (“A timely notice of appeal is
necessary to invoke a court of appeals’ jurisdiction.”).
We grant the State’s motion and dismiss the appeal for want of jurisdiction.
__________________________________________
Edward Smith, Justice
Before Chief Justice Rose, Justices Triana and Smith
Dismissed for Want of Jurisdiction
Filed: October 15, 2019
Do Not Publish
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