Alexander E. Garza v. the State of Texas

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00498-CR
Alexander E. GARZA,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2019CR8604
Honorable Laura Lee Parker, Judge Presiding
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Irene Rios, Justice
Beth Watkins, Justice
Delivered and Filed: September 21, 2022
DISMISSED FOR LACK OF JURISDICTION
On June 7, 2022, appellant Alexander E. Garza was convicted of aggravated assault against
a public servant, and he filed a pro se notice of appeal challenging the trial court’s judgment. The
clerk’s record contains a copy of the judgment of conviction, but it does not include a motion for
new trial. Because Garza did not file a motion for new trial, his notice of appeal was due by July
7, 2022 or a notice and motion for extension of time was due fifteen days later. See TEX. R. APP.
P. 26.2(a)(1), 26.3. However, the clerk’s record shows Garza’s notice of appeal was postmarked
04-22-00498-CR
on July 26, 2022 and file-stamped on July 28, 2022, and there is nothing in the record indicating
he filed a motion for extension of time. See id. R. 26.3.
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). Because it appeared the notice of appeal
was untimely, we ordered Garza to show cause in writing by September 14, 2022 why this appeal
should not be dismissed for lack of jurisdiction. See id. Garza’s counsel filed a response
confirming the notice of appeal was untimely. Accordingly, because Garza’s notice of appeal was
untimely, we dismiss this appeal for lack of jurisdiction. See id.; see also Ater v. Eighth Court of
Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction
may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of
Criminal Procedure). All pending motions are dismissed as moot.
PER CURIAM
Do Not Publish
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