Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00426-CR
Roberto CALDERON,
Appellant
v.
The State
The STATE of Texas,
Appellee
From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. A05129
Honorable Stephen B. Ables, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Jason Pulliam, Justice
Delivered and Filed: August 19, 2015
DISMISSED FOR LACK OF JURISDICTION
From our initial review of the record it appeared appellant has no right of appeal pursuant
to Texas Rule of Appellate Procedure 25.2(b). Therefore, on July 22, 2015, this court ordered
appellant to show cause in writing why this appeal should not be dismissed. Appellant responded
on August 5, 2015.
Review of the record reveals the trial court imposed a two-year sentence in the underlying
cause on August 16, 2005. Appellant filed a motion for new trial and application for writ of habeas
corpus. The Texas Court of Criminal Appeals denied appellant’s writ on June 12, 2007. On June
04-15-00426-CR
25, 2015, appellant filed a notice of appeal of the trial court’s judgment and motion for new trial
in the district court and on July 13, 2015, filed a notice of appeal of the trial court’s judgment in
this court.
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
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.
Appellant’s notice of appeal was untimely filed with regard to appellant’s original appeal
from judgment of conviction. Appellant has failed to provide good cause why this appeal should
not be dismissed for lack of jurisdiction. In light of the record presented, appellant has no right of
appeal and this court must dismiss this appeal. TEX. R. APP. P. 25.2(d).
Accordingly, the appeal is dismissed. All pending motions are denied as moot.
PER CURIAM
DO NOT PUBLISH
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