Rosie Strait v. State

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00613-CR
Rosie STRAIT,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR0657W
Honorable Philip A. Kazen Jr., Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: October 22, 2014
MOTION DENIED AS MOOT; DISMISSED FOR WANT OF JURISDICTION
On August 25, 2014, appellant Rosie Strait filed a “Motion for Leave to File Late Notice
of Appeal” with the district clerk. That document, along with the trial court’s “Certificate of Notice
of Appeal to the Fourth Court of Appeals” was filed in this court on August 29, 2014. However,
no notice of appeal appeared to have been filed in the trial court or in this court.
This court’s jurisdiction is invoked by the timely filing of a notice of appeal. Johnson v.
State, 84 S.W.3d 658, 667 (Tex. Crim. App. 2002); Finch v. State, 66 S.W.3d 323, 324 (Tex.
App.—Fort Worth 2001, no pet.); TEX. R. APP. P. 25.2(b). Because it appeared appellant did not
04-14-00613-CR
file a notice of appeal, we ordered her to file a written response in this court on or before October
6, 2014, establishing that she timely filed a notice of appeal and thereby invoked this court’s
jurisdiction. We advised that if appellant failed to satisfactorily respond within the time provided,
the appeal would be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). Appellant did
not file a response.
Accordingly, we hold appellant has failed to invoke this court’s jurisdiction, and we: (1)
deny her motion for leave to file late notice of appeal as moot, and (2) dismiss the appeal. See
Johnson, 84 S.W.3d at 667; Finch, 66 S.W.3d at 324; TEX. R. APP. P. 25.2(b).
PER CURIAM
Do Not Publish
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