Daniel Solis Deluna v. State

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00366-CR Daniel Solis DELUNA, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2010-CR-8127 Honorable Ray Olivarri, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: June 25, 2014 DISMISSED FOR WANT OF JURISDICTION On March 27, 2014, Appellant Daniel Solis Deluna was sentenced to two years in the Texas Department of Criminal Justice—State Jail Division in trial court cause number 2010-CR-8127. Appellant’s notice of appeal was due not later than April 28, 2014. See TEX. R. APP. P. 26.2(a); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Appellant’s motion for extension of time to file a notice of appeal was due not later than May 13, 2014. See TEX. R. APP. P. 26.3; Olivo, 918 S.W.2d at 522. The clerk’s record shows Appellant’s notice of appeal was filed on 04-14-00366-CR May 7, 2014; it does not show a motion for new trial or a motion for extension of time to file a notice of appeal was filed. See TEX. R. APP. P. 26.3. Absent a timely-filed, written notice of appeal of a criminal conviction, this court lacks jurisdiction over the appeal. Olivo, 918 S.W.2d at 522 (“A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction.”); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988). This appeal is dismissed for want of jurisdiction. PER CURIAM DO NOT PUBLISH -2-