Kevin Dixon v. State

Fourth Court of Appeals
San Antonio, Texas
December 7, 2018
No. 04-18-00911-CR
Kevin DIXON,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2018CR6291
Honorable Mark R. Luitjen, Judge Presiding
ORDER
Appellant was sentenced on October 15, 2018, and did not file a motion for new trial.
Appellant’s notice of appeal was therefore due on November 14, 2018. TEX. R. APP. P.
26.2(a)(1). A motion for extension of time to file a notice of appeal was due on November 29,
2018. TEX. R. APP. P. 26.3. The record indicates appellant did not file his notice of appeal until
November 19, 2018.
A timely notice of appeal is necessary to invoke this court’s jurisdiction. Taylor v. State,
424 S.W.3d 39, 43 (Tex. Crim. App. 2014); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim.
App. 1998). A late notice of appeal may be considered timely so as to invoke our jurisdiction if
(1) it is filed in the trial court 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.
TEX. R. APP. P. 26.3. Appellant did not file a timely motion for extension of time in this court.
Therefore, appellant has not met the requirements of rule 26.3.
We, therefore, ORDER appellant to show cause on or before December 28, 2018
why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are
suspended until further order of the court.1
1
We also note the clerk’s record contains a certification of defendant’s right to appeal stating that this “is a plea-
bargain case, and the defendant has NO right of appeal.” See TEX. R. APP. P. 25.2(a)(2). The clerk’s record appears
to accurately reflect that this is a plea-bargain case and appellant has no right to appeal. Thus, even if a timely notice
_________________________________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 7th day of December, 2018.
___________________________________
KEITH E. HOTTLE,
Clerk of Court
of appeal had been filed, this appeal would, in all likelihood, be subject to dismissal under Texas Rule of Appellate
Procedure 25.2(d). See TEX. R. APP. P. 25.2(d).