Juan Javier Villafuerte v. the State of Texas

Appeal dismissed and Memorandum Opinion filed March 9, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00002-CR
JUAN JAVIER VILLAFUERTE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Criminal Court at Law No. 3
Harris County, Texas
Trial Court Cause No. 2381872
MEMORANDUM OPINION
This is an appeal from a judgment of conviction signed September 28, 2022.
Appellant timely filed a motion for new trial. Therefore, appellant’s notice of appeal
was due by December 27, 2022. See Tex. R. App. P. 26.2(a)(2).
A court of appeals may grant an extension of time if, within 15 days after the
deadline for filing the notice of appeal, the party files (a) the notice of appeal in the
trial court and (b) a motion to extend time in the court of appeals. See Tex. R. App.
P. 26.3; see also Tex. R. App. P. 10.5(b)(2) (governing motion to extend time to file
notice of appeal). The fifteenth day after December 27, 2022, was January 11, 2023.
Appellant filed his notice of appeal on December 28, 2022, a date within 15 days of
the due date. Appellant, however, did not file a motion to extend time to file the
notice of appeal.
A notice of appeal that complies with the requirements of Texas Rule of
Appellate Procedure 26 is essential to vest the court of appeals with jurisdiction.
Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (discussing former 1986
Texas Rule of Appellate Procedure 41(b)). When a notice of appeal, but no motion
to extend time, is filed within the 15-day period, the court of appeals can take no
action other than to dismiss the appeal for lack of jurisdiction. See id.On January 27, 2023, the parties were notified that the appeal was subject to
dismissal without further notice unless either party demonstrated that the court has
jurisdiction. No response has been received.
Accordingly, this appeal is dismissed for want of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Jewell and Spain.
Do Not Publish — Tex. R. App. P. 47.2(b).
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