Alfonso Estrada v. the State of Texas ( 2024 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-24-00120-CR
Alfonso ESTRADA,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2023CR4306
Honorable Kristina Escalona, Judge Presiding
PER CURIAM
Sitting: Beth Watkins, Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: April 17, 2024
DISMISSED FOR WANT OF JURISDICTION
The trial court imposed sentence in the underlying cause on September 25, 2023. Because
appellant did not file a motion for new trial, the notice of appeal was due by October 25, 2023.
TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due by
November 9, 2023. See id. R. 26.3. Appellant filed a notice of appeal on February 9, 2024, and he
did not file a motion for extension of time.
A timely notice of appeal is necessary to invoke an appellate court’s jurisdiction. See Olivo
v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered
04-24-00120-CR
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. See id.Because the record appeared to show that the notice of appeal was untimely filed, and no
motion for extension of time was filed, on February 27, 2024, we ordered appellant to show cause
in writing why this appeal should not be dismissed for lack of jurisdiction by March 28, 2024.1
See id.; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (out-
of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus
pursuant to article 11.07 of the Texas Code of Criminal Procedure). Appellant did not respond to
our order. Accordingly, we dismiss this appeal for want of jurisdiction.
PER CURIAM
DO NOT PUBLISH
1
We also note the trial court’s certification in this appeal states that “this criminal case is a plea-bargain case, and the
defendant has NO right of appeal.” The clerk’s record contains a written plea bargain, and the punishment assessed
did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the trial
court’s certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).
Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that
shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P.
25.2(d).
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