Joe Christopher Zepeda v. the State of Texas ( 2022 )


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  •                                       In The
    Court of Appeals
    Seventh District of Texas at Amarillo
    Nos. 07-22-00070-CR
    07-22-00071-CR
    07-22-00072-CR
    JOE CHRISTOPHER ZEPEDA, APPELLANT
    V.
    THE STATE OF TEXAS, APPELLEE
    On Appeal from the 222nd District Court
    Deaf Smith County, Texas
    Trial Court No. CR-14C-036, CR-13K-116, CR-13K-122, Honorable Roland D. Saul, Presiding
    April 27, 2022
    MEMORANDUM OPINION
    Before QUINN, C.J., and PIRTLE and DOSS, JJ.
    Appellant Joe Christopher Zepeda, proceeding pro se, appeals his convictions for
    assault1 and failure to stop and render aid following a traffic accident.2 Appellant was
    sentenced to fourteen years’ confinement for each offense on November 3, 2016.
    Because no motion for new trial was filed, Appellant’s notice of appeal was due within
    1   See TEX. PENAL CODE ANN. § 22.01.
    2   See TEX. TRANSP. CODE ANN. § 550.021.
    thirty days after sentenced was imposed, by December 5, 2016. See TEX. R. APP. P.
    4.1(a), 26.2(a) (requiring a notice of appeal to be filed within thirty days after sentence is
    imposed or within ninety days if the defendant timely files a motion for new trial).
    Appellant did not file a notice of appeal until March 14, 2022.
    The timely filing of a written notice of appeal is a jurisdictional prerequisite to
    hearing an appeal. Castillo v. State, 
    369 S.W.3d 196
    , 198 (Tex. Crim. App. 2012). If a
    notice of appeal is not timely filed, we have no option but to dismiss the appeal for want
    of jurisdiction. 
    Id.
     By letter of March 15, 2022, we notified Appellant of the consequences
    of his late notice of appeal and directed him to show how we have jurisdiction over the
    appeals. Appellant has filed a response but failed to demonstrate grounds for continuing
    the appeals.
    For these reasons, we dismiss the untimely appeals for want of jurisdiction.3
    Per Curiam
    Do not publish.
    3 Appellant may be entitled to habeas relief by filing an application for writ of habeas corpus with
    the clerk of the court in which the convictions being challenged were obtained, returnable to the Court of
    Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07.
    2
    

Document Info

Docket Number: 07-22-00070-CR

Filed Date: 4/27/2022

Precedential Status: Precedential

Modified Date: 4/28/2022