Brandy Darlene Aiello v. State

Fourth Court of Appeals
San Antonio, Texas
October 22, 2018
No. 04-18-00734-CR
Brandy Darlene AIELLO,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2018CR1259W
Honorable Lori I. Valenzuela, Judge Presiding
ORDER
On October 11, 2018, appellant filed a motion for leave to file notice of appeal
complaining of the trial court’s denial of her motion to withdraw plea signed on July 9, 2018.
Absent a timely motion for new trial, the notice of appeal was due August 8, 2018, and a motion
for extension of time to file the notice of appeal was due August 23, 2018. See TEX. R. APP. P.
26.2(a)(1); R. 26.3. Appellant’s notice of appeal is thus late. Absent a timely notice of appeal,
this court lacks jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.
Crim. App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
Accordingly, it is ORDERED that appellant show cause in writing within 30 days from
the date this order why this appeal should not be dismissed for lack of jurisdiction. All other
appellate deadlines are SUSPENDED pending our resolution of the jurisdictional issue.
_________________________________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 22nd day of October, 2018.
___________________________________
Keith E. Hottle
Clerk of Court