Martin Herrera v. State

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00655-CR
Martin HERRERA,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR8710A
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: October 24, 2018
DISMISSED FOR LACK OF JURISDICTION
Appellant filed a notice of appeal in the underlying cause on September 4, 2018. A clerk’s
record was filed on September 14, 2018, and the docket sheet reflects that appellant is still awaiting
sentencing. Because the trial court has not imposed sentence in the underlying cause, we have no
jurisdiction to consider this appeal. See TEX. R. APP. P. 26.2 (providing appellate deadlines run
from the day sentence is imposed or suspended in open court).
By order dated September 19, 2018, we ordered appellant to show cause in writing by
October 3, 2018, why this appeal should not be dismissed for lack of jurisdiction. Appellant did
04-18-00655-CR
not respond to our order. Because the record reflects appellant is still awaiting sentencing, this
appeal is dismissed for lack of jurisdiction. See id.
PER CURIAM
DO NOT PUBLISH
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