Aaron Michael Rogers v. State ( 2020 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00810-CR
Aaron Michael ROGERS,
Appellant
v.
The STATE of Texas,
Appellee
From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. A16381
Honorable N. Keith Williams, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: January 29, 2020
DISMISSED FOR WANT OF JURISDICTION
On June 27, 2019, appellant Aaron Michael Rogers was convicted of unlawful possession
of a firearm by a felon. Because Rogers did not file a motion for new trial, the notice of appeal
was due by July 29, 2019. 1 See TEX. R. APP. P.26.2(a)(1). A notice of appeal was not filed until
September 6, 2019, and appellant did not timely file a motion for extension of time to file the
notice of appeal. See id. R. 26.3.
1
The notice of appeal was originally due by July 27, 2019, but because that day fell on a Saturday, the deadline
extended to Monday, July 29, 2019. See TEX. R. APP. P. 4.1(a).
04-19-00810-CR
We ordered Rogers to file a written response showing cause why we should not dismiss
this appeal for want of jurisdiction by December 23, 2019. See Olivo v. State, 918 S.W.2d 519,
522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of
appeals’ jurisdiction). We advised Rogers that if no satisfactory response was filed within the time
provided, we would dismiss the appeal for want of jurisdiction.
Rogers’s appointed appellate counsel filed a response, stating the notice of appeal was
untimely, and there is nothing in the record that would have extended the time to file the notice of
appeal. We therefore dismiss the appeal for want of jurisdiction. See id.; 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Do Not Publish
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