Salvador Torres Mijares v. State

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-18-00090-CR
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SALVADOR TORRES MIJARES, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 17-27313
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MEMORANDUM OPINION
The trial court sentenced Salvador Torres Mijares on January 8, 2018. In a
criminal case, the appeal must be filed within thirty days of the date the sentence is
imposed, or within ninety days if the defendant timely files a motion for new trial.
Tex. R. App. P. 26.2(a)(1). Mijares did not file a motion for new trial within thirty
days of sentencing. Therefore, his notice of appeal was due to be filed on February
7, 2018. Mijares filed a notice of appeal on March 5, 2018. We notified the parties
that Mijares filed his notice of appeal too late to perfect an appeal. See Tex. R. App.
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P. 25.2(b) (“In a criminal case, appeal is perfected by timely filing a sufficient notice
of appeal.”). No response has been filed.
The Court finds that the notice of appeal was not timely filed. See Tex. R.
App. P. 26.2(a)(1). Mijares also did not file a motion for extension of time to file his
appeal. See Tex. R. App. P. 26.3. “If a notice of appeal is not timely filed, the court
of appeals has no option but to dismiss the appeal for lack of jurisdiction.” Castillo
v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). Accordingly, we dismiss the
appeal for lack of jurisdiction
APPEAL DISMISSED.
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HOLLIS HORTON
Justice
Submitted on April 10, 2018
Opinion Delivered April 11, 2018
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
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