Terrell Anthony Chase v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00833-CR
Terrell Anthony CHASE,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2020CR6099C
Honorable Joel Perez, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: October 25, 2023
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence on Terrell Anthony Chase on July 18, 2023. Because
Chase did not file a motion for new trial, the deadline for filing a notice of appeal was August 17,
2023, and the deadline for filing a motion for extension of time to file a notice of appeal was
September 1, 2023. See TEX. R. APP. P. 26.2(a), 26.3. Chase did not file a notice of appeal until
August 24, 2023, and he did not file a motion for extension of time.
When an appellant files a notice of appeal late and fails to timely file a motion for extension
of time, the appellate court lacks jurisdiction over the appeal. Olivo v. State, 918 S.W.2d 519, 523
04-23-00833-CR
(Tex. Crim. App. 1996); 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). In this case,
Chase filed his notice of appeal late, and he failed to timely file a motion for extension of time.
We ordered Chase to show cause why this appeal should not be dismissed for lack of jurisdiction.
Chase did not file a response. Accordingly, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-