Document Info

DocketNumber: 04-22-00084-CR

Filed Date: 3/16/2022

Status: Precedential

Modified Date: 3/22/2022

  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-22-00084-CR
    Julian BAZAN,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 399th Judicial District Court, Bexar County, Texas
    Trial Court No. 2019CR1157
    Honorable Frank J. Castro, Judge Presiding
    PER CURIAM
    Sitting:          Rebeca C. Martinez, Chief Justice
    Patricia O. Alvarez, Justice
    Lori I. Valenzuela, Justice
    Delivered and Filed: March 16, 2022
    DISMISSED FOR LACK OF JURISDICTION
    The trial court imposed sentence on October 17, 2019. Because appellant did not file a
    motion for new trial, the notice of appeal was due to be filed on November 18, 2019. TEX. R. APP.
    P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on December 2,
    2019. TEX. R. APP. P. 26.3. Appellant did not file his notice of appeal until February 9, 2022.
    “A timely notice of appeal is necessary to invoke the jurisdiction of this Court.” Taylor v.
    State, 
    424 S.W.3d 39
    , 43 (Tex. Crim. App. 2014). “A defendant’s notice of appeal is timely if
    filed within thirty days after the day sentence is imposed or suspended, or within ninety days after
    04-22-00084-CR
    sentencing if the defendant timely files a motion for new trial.” 
    Id.
     (citing TEX. R. APP. P.
    26.2(a)(1)). Because appellant did not timely file a notice of appeal, it appeared we lacked
    jurisdiction over this appeal. Therefore, on February 28, 2022, we ordered appellant to show cause
    why this appeal should not be dismissed for lack of jurisdiction.
    On March 3, 2022, appellant’s appointed appellate counsel filed a response stating he could
    not show cause why this appeal should not be dismissed for lack of jurisdiction. Therefore, we
    dismiss this appeal for lack of jurisdiction.
    PER CURIAM
    Do not publish
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