Jimmy Rodriguez v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00716-CR
Jimmy RODRIGUEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 218th Judicial District Court, Atascosa County, Texas
Trial Court No. 02-05-0160-CRA
Honorable Jennifer Dillingham, Judge Presiding 1
PER CURIAM
Sitting: Beth Watkins, Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: August 30, 2023
DISMISSED FOR WANT OF JURISDICTION
The trial court imposed sentence in the underlying cause on December 18, 2002. Because
appellant did not file a motion for new trial, the notice of appeal was due to be filed on January
17, 2003. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal
was due on February 3, 2003. TEX. R. APP. P. 26.3. Appellant filed a notice of appeal more than
twenty years later—on July 31, 2023.
1
The Honorable Jennifer Dillingham is the current judge of the convicting court. However, the judgment of conviction
was signed by the Honorable Stella Saxon.
04-23-00716-CR
A timely notice of appeal is necessary to invoke a court of appeals’s 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’s 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 a timely request for extension of time to file a notice of appeal, this appeal is
dismissed for want of jurisdiction. See id.; see also Ater v. Eighth Court of Appeals, 802 S.W.2d
241, 243 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought
by filing writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure).
PER CURIAM
DO NOT PUBLISH
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