Crystina Becerra v. State

Opinion issued March 11, 2014
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-13-00064-CR
———————————
CRYSTINA BECERRA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 179th District Court
Harris County, Texas
Trial Court Case No. 1289828
MEMORANDUM OPINION
Appellant, Crystina Becerra, pleaded guilty to the felony offense of
aggravated assault with a deadly weapon.* On June 17, 2011, the trial court
deferred adjudication, placed her on community supervision for five years, and
*
See TEX. PENAL CODE. ANN. § 22.02(a) (West 2011).
assessed a $400 fine. On October 5, 2012, the State filed a motion to adjudicate
guilt. On October 9, 2012, the trial court entered judgment adjudicating Becerra’s
guilt and sentenced her to four years’ imprisonment. On January 4, 2013, Becerra
filed a notice of appeal of the trial court’s judgment. We dismiss the appeal.
Generally, a defendant’s notice of appeal in a criminal case is due within
thirty days after the sentence is imposed in open court or the trial court enters an
appealable order. See TEX. R. APP. P. 26.2(a)(1). The deadline to file a notice of
appeal is extended to 90 days after the date the sentence is imposed in open court if
the defendant timely files a motion for new trial. See TEX. R. APP. P. 26.2(a)(2).
The time to file a notice of appeal may also be extended if, within 15 days after the
deadline to file the notice of appeal, a party properly files a motion for extension.
See TEX. R. APP. P. 10.5(b), 26.3.
Here, the trial court sentenced Becerra and signed a final judgment on
October 9, 2012. Becerra did not file a motion for new trial nor did she file a
motion for an extension of time to file her notice of appeal. Therefore, Becerra’s
notice of appeal was due by November 8, 2012. See TEX. R. APP. P. 26.2(a)(1).
Becerra untimely filed her notice of appeal on January 4, 2013. Without a
timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See
Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918
2
S.W.2d 519, 522 (Tex. Crim. App. 1996); Douglas v. State, 987 S.W.2d 605,
605–06 (Tex. App.—Houston [1st Dist.] 1999, no pet.).
On April 4, 2013, we notified Becerra that her appeal was subject to
dismissal for want of jurisdiction unless, by April 15, 2013, she filed a response
showing grounds for continuing the appeal. Becerra failed to file an adequate
response.
Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.
APP. P. 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Bland, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
3