Billy Edward Gonzalez v. State

COURT OF APPEALS CATHERINE STONE FOURTH COURT OF APPEALS DISTRICT KEITH E. HOTTLE CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT KAREN ANGELINI 300 DOLOROSA, SUITE 3200 SANDEE BRYAN SAN ANTONIO, TEXAS 78205-3037 MARION WWW.4THCOA.COURTS.STATE.TX.US TELEPHONE MARIALYN BARNARD (210) 335-2635 REBECA C. MARTINEZ PATRICIA O. ALVAREZ FACSIMILE NO. LUZ ELENA D. CHAPA (210) 335-2762 JUSTICES March 18, 2014 Omar Escobar Eloy R. Garcia District Attorney District Clerk - Starr County Starr County Courthouse Starr County Courthouse, Room 401 N. Britton Ave. Suite 417 302 Rio Grande City, TX 78582 401 North Britton Avenue * DELIVERED VIA E-MAIL * Rio Grande City, TX 78582 * DELIVERED VIA E-MAIL * Jesus Maria Alvarez Attorney at Law Julian G. Alderette 501 N. Britton Avenue Official Court Reporter - 381st Rio Grande City, TX 78582 District Court * DELIVERED VIA E-MAIL * 401 N. Britton Avenue, Room 401 Rio Grande City, TX 78582 * DELIVERED VIA E-MAIL * RE: Court of Appeals Numbers: 04-14-00136-CR, 04-14-00137-CR, 04-14-00138-CR, & 04-14-00139-CR Trial Court Case Numbers: 12-CR-611, 12-CR-615, 12-CR-613, & 12-CR-609 Style: Billy Edward Gonzalez v. The State of Texas Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered causes. If you should have any questions, please do not hesitate to contact me. Very truly yours, KEITH E. HOTTLE, CLERK _____________________________ Jonathan Quintero Deputy Clerk, Ext. 53220 The State of TexasAppellee/s Fourth Court of Appeals San Antonio, Texas March 18, 2014 Nos. 04-14-00136-CR, 04-14-00137-CR, 04-14-00138-CR, & 04-14-00139-CR Billy Edward GONZALEZ, Appellant v. THE STATE OF TEXAS, Appellee From the 381st Judicial District Court, Starr County, Texas Trial Court Nos. 12-CR-611, 12-CR-615-CR, 12-CR-613, & 12-CR-609 Honorable Jose Luis Garza, Judge Presiding O R D E R The trial court imposed the sentences in Appeal Nos. 04-14-00136-CR, 04-14-00138-CR, and 04-14- 00139-CR on October 30, 2013, and signed the order being appealed in Appeal No. 04-14-00137-CR on October 31, 2013. Appellant did not file a motion for new trial. Because appellant did not file a timely motion for new trial, the deadline for filing the notice of appeal was November 29, 2014, for Appeal Nos. 04- 14-00136-CR, 04-14-00138-CR, and 04-14-00139-CR, and December 2, 2014, for Appeal No. 04-14-00137- CR. TEX. R. APP. P. 26.2(a)(1). A notice of appeal was not filed until February 25, 2014, and the record shows it was not mailed until February 18, 2104, and appellant did not file a motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3. We therefore order appellant to file a written response on or before April 17, 2014 showing cause why these appeals should not be dismissed for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals’ jurisdiction). If appellant fails to satisfactorily respond within the time provided, the appeals will be dismissed. If a supplemental clerk’s record is required to show jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. We order all deadlines in this matter suspended until further order of the court. We further order the clerk of this court to serve a copy of this order on all counsel and the court reporter. _________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of March, 2014. ___________________________________ Keith E. Hottle Clerk of Court MINUTES Court of Appeals Fourth Court of Appeals District San Antonio, Texas March 18, 2014 Nos. 04-14-00136-CR, 04-14-00137-CR, 04-14-00138-CR, & 04-14-00139-CR Billy Edward GONZALEZ, Appellant v. THE STATE OF TEXAS, Appellee From the 381st Judicial District Court, Starr County, Texas Trial Court Nos. 12-CR-611, 12-CR-615-CR, 12-CR-613, & 12-CR-609 Honorable Jose Luis Garza, Judge Presiding O R D E R The trial court imposed the sentences in Appeal Nos. 04-14-00136-CR, 04-14-00138-CR, and 04-14- 00139-CR on October 30, 2013, and signed the order being appealed in Appeal No. 04-14-00137-CR on October 31, 2013. Appellant did not file a motion for new trial. Because appellant did not file a timely motion for new trial, the deadline for filing the notice of appeal was November 29, 2014, for Appeal Nos. 04- 14-00136-CR, 04-14-00138-CR, and 04-14-00139-CR, and December 2, 2014, for Appeal No. 04-14-00137- CR. TEX. R. APP. P. 26.2(a)(1). A notice of appeal was not filed until February 25, 2014, and the record shows it was not mailed until February 18, 2104, and appellant did not file a motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3. We therefore order appellant to file a written response on or before April 17, 2014 showing cause why these appeals should not be dismissed for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals’ jurisdiction). If appellant fails to satisfactorily respond within the time provided, the appeals will be dismissed. If a supplemental clerk’s record is required to show jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. We order all deadlines in this matter suspended until further order of the court. We further order the clerk of this court to serve a copy of this order on all counsel and the court reporter. /s/ Marialyn Barnard Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of March, 2014. /s/ Keith E. Hottle Keith E. Hottle Clerk of Court ENTERED THIS 18TH DAY OF MARCH, 2014.