Jason Andrew Paul v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00121-CR
Jason Andrew PAUL,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR0811
Honorable Melisa C. Skinner, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: June 7, 2023
DISMISSED FOR LACK OF JURISDICTION
On November 30, 2020, appellant entered into a plea bargain with the State pursuant to
which he pleaded no contest to retaliation. The trial court imposed sentence in accordance with the
agreement and signed a certificate stating this “is a plea-bargain case, and the defendant has NO
right of appeal.” See TEX. R. APP. P. 25.2(a)(2).
On November 1, 2022, a magistrate entered an order extending appellant’s civil
commitment in the case. On January 30, 2023, we received a pro se notice of appeal which we
understood to be an untimely attempted appeal of the civil commitment order. Therefore, on
04-23-00121-CR
February 24, 2023, we notified appellant of a possible jurisdictional defect and ordered appellant
to show cause why this appeal should not be dismissed for lack of jurisdiction by March 13, 2023.
On March 3, 2023, the district clerk filed a supplemental clerk’s record containing
appellant’s pro se Notice of Appeal From Negotiated Plea, which was filed in the trial court on
March 3, 2023, along with a response to this court setting out complaints about the underlying
cause.
Because the trial court imposed sentence in the underlying cause on November 30, 2020,
and appellant did not file a motion for new trial, the notice of appeal was due by December 30,
2020. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was
due by January 14, 2020. See id. R. 26.3. Therefore, on April 14, 2023, we ordered appellant’s
counsel to show cause why this appeal should not be dismissed for lack of jurisdiction by May 15,
2023. On May 3, 2023, appellant filed a pro se motion for leave to file a late notice of appeal and
motion for appointment of counsel on appeal. Neither vests this court with jurisdiction.
A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See Olivo
v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered
timely so as to invoke a court of appeals’ jurisdiction if (1) it is filed within fifteen days of the last
day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within
fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals
grants the motion for extension of time. Id. Accordingly, because appellant did not file a timely
notice of appeal or timely request an extension of time to file a notice of appeal, this appeal is
dismissed for lack of jurisdiction. See id.PER CURIAM
DO NOT PUBLISH
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