Ray Martin Ruiz v. State

Fourth Court of Appeals
San Antonio, Texas
January 31, 2019
No. 04-18-00942-CR
Ray Martin RUIZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 6537
Honorable N. Keith Williams, Judge Presiding
ORDER
The trial court imposed sentence in Cause No. 6537 on October 31, 2018. The motion
for new trial was due to be filed on November 30, 2018. See TEX. R. APP. P. 21.4(A). Appellant
filed a pro se motion for new trial on December 3, 2018. Because appellant did not timely file a
motion for new trial, the notice of appeal was also due to be filed on November 30, 2018. TEX.
R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on
December 15, 2018. TEX. R. APP. P. 26.3. Appellant filed a pro se notice of appeal on
December 3, 2018, but did not file a motion for extension of time. Because appellant did not
timely file a notice of appeal or file a motion for extension of time, we lack jurisdiction over this
appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
We, therefore, ORDER appellant to show cause on or before February 15, 2019 why
this appeal should not be dismissed for lack of jurisdiction.
_________________________________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 31st day of January, 2019.
___________________________________
KEITH E. HOTTLE,
Clerk of Court