Ricardo O. Moreno v. State

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00085-CR
Ricardo O. MORENO,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 13, Bexar County, Texas
Trial Court No. 135229
Honorable Monica A. Gonzalez, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Jason Pulliam, Justice
Delivered and Filed: April 15, 2015
DISMISSED FOR WANT OF JURISDICTION
In November 2013, Appellant Ricardo O. Moreno was convicted in San Antonio Municipal
Court No. 3 of violation of a municipal ordinance. He appealed his conviction to Bexar County
Court at Law No. 13. See TEX. GOV’T CODE ANN. § 30.00014 (West Supp. 2014) (appeal from
municipal court). On November 18, 2014, the county court dismissed the appeal for want of
jurisdiction. On December 16, 2014, Appellant filed a motion for new trial, and on February 13,
2015, Appellant filed a notice of appeal.
04-15-00085-CR
To perfect an appeal, a notice of appeal must be filed within thirty days of the date that the
county court entered an appealable order. See id. § 30.00027 (authorizing appeal from a county
court to a court of appeals under certain conditions); TEX. R. APP. P. 26.2(a)(1) (setting deadline
to file a notice of appeal for criminal appeals); Swain v. State, 319 S.W.3d 878, 879 (Tex. App.—
Fort Worth 2010, no pet.) (per curiam). A motion for new trial filed after an appeal from a
municipal court of record to a county court does not extend the deadline to file the notice of appeal.
Swain, 319 S.W.3d at 880. “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).
On March 11, 2015, we ordered Appellant to show cause in writing why this appeal should
not be dismissed for want of jurisdiction. Appellant timely responded, argued that the county court
should not have dismissed his appeal, but did not address how this court has jurisdiction over his
appeal from the county court’s order.
The county court dismissed Appellant’s appeal on November 18, 2014; Appellant’s notice
of appeal was due on December 18, 2014. See TEX. R. APP. P. 26.2(a)(1); Swain, 319 S.W.3d at
879. Appellant’s motion for extension of time to file a notice of appeal was due on January 2,
2015. See TEX. R. APP. P. 26.3; Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
Appellant did not file his notice of appeal until February 13, 2015. Appellant did not invoke this
court’s jurisdiction, and we may not consider his appeal. See Olivo, 918 S.W.2d at 522.
We reinstate the appellate deadlines and dismiss this appeal for want of jurisdiction. See
TEX. R. APP. P. 26.2(a)(1); Castillo, 369 S.W.3d at 198; Swain, 319 S.W.3d at 879–80.
PER CURIAM
DO NOT PUBLISH
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