Fred Campbell Jr. v. State

MEMORANDUM OPINION
No. 04-11-00028-CR
Fred CAMPBELL, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 1984CR0397A
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: March 2, 2011
DISMISSED FOR LACK OF JURISDICTION
The trial court signed an order denying appellant’s motion for post-conviction DNA
testing on November 29, 2010. Because appellant did not file a motion for new trial, the notice
of appeal was due to be filed December 29, 2010. TEX. R. APP. P. 26.2(a)(1); TEX. CODE CRIM.
PROC. art. 64.05. A motion for extension of time to file the notice of appeal was due on January
13, 2011. TEX. R. APP. P. 26.3. Appellant filed a notice of appeal on January 10, 2011, but
appellant did not file a motion for extension of time.
04-11-00028-CR
A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See
Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be
considered timely so as to invoke a court of appeals’ jurisdiction if (1) it is filed 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. See id. Because the appeal appeared to
be untimely, we ordered appellant to show why this appeal should not be dismissed for lack of
jurisdiction. Appellant did not respond to our order. Because appellant’s notice of appeal was
not timely filed, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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