Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00197-CR
Michael S. EISENHAUER,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR0043
Honorable Maria Teresa Herr, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Jason Pulliam, Justice
Delivered and Filed: April 29, 2015
DISMISSED FOR LACK OF JURISDICTION
Michael S. Eisenhauer entered into a plea bargain with the State, pursuant to which he
pleaded guilty to a third offense of driving while intoxicated. The trial court imposed sentence in
accordance with the agreement on April 4, 2014. Eisenhauer did not file a motion for new trial.
A notice of appeal was therefore due May 5, 2014, or the notice and a motion for extension of time
to file, were due May 20, 2014. TEX. R. APP. P. 26.2(a)(1), 26.3. Eisenhauer did not file his notice
of appeal until March 24, 2015.
04-15-00197-CR
We issued a show cause order notifying Eisenhauer that the record raised an issue regarding
our jurisdiction over the appeal. Eisenhauer’s court-appointed appellate counsel has filed a
response in which he states the notice of appeal was not timely filed.
Because the notice of appeal in this case was not timely filed, we lack jurisdiction to
entertain the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding
that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address merits
of appeal, and court may take no action other than to dismiss appeal; court may not suspend rules
to alter time for perfecting appeal); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996);
see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that
writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs
out-of-time appeals from felony convictions). Accordingly, we dismiss this appeal for lack of
jurisdiction.
PER CURIAM
DO NOT PUBLISH
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