Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00504-CR
Roberto ROSAS, Jr.,
Appellant
v.
The STATE of TexasAppellee
The STATE of Texas,
Appellee
From the 229th Judicial District Court, Starr County, Texas
Trial Court No. 13-CRS-256
Honorable Marisela Saldana, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: August 27, 2014
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence in the underlying cause on January 10, 2014. Because
appellant did not file a motion for new trial, the notice of appeal was due to be filed on February
10, 2014. TEX. R. APP. P. 26.2(a)(1). Appellant did not file his notice of appeal until July 18,
2014.
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
04-14-00504-CR
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.
After reviewing the record, this court determined that appellant’s notice of appeal was
untimely filed, and no motion for extension of time was filed. On July 29, 2014, appellant was
ordered to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. 1
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). Appellant’s response to this
court’s order was due August 12, 2014; however, no response was filed. Because appellant did
not timely file his notice of appeal, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
1
Our order also noted that the trial court’s certification in this appeal states that “this criminal case is a plea-bargain
case, and the defendant has NO right of appeal,” and Rule 25.2(d) of the Texas Rules of Appellate Procedure provides,
“The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part
of the record under these rules.” TEX. R. APP. P. 25.2(d).
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