Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00045-CR
Manuel ALCOSER Jr.,
Appellant
v.
The State of
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR5943
Honorable Lori I. Valenzuela, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: March 5, 2013
DISMISSED FOR LACK OF JURISDICTION;
MOTION FOR LEAVE TO FILE LATE NOTICE OF APPEAL DENIED
On January 17, 2014, appellant filed a pro se “Motion for Leave to File Late Notice of
Appeal.” Because it appeared this court lacked jurisdiction over the appeal, we ordered appellant
to show cause no later than February 11, 2014, why this appeal should not be dismissed. Appellant
did not respond. However, on February 21, 2014, appellant filed a pro se notice of appeal in which
he referenced a September 27, 2012 conviction. Appellant was placed on probation on September
27, 2012. Appellant’s notice of appeal was due to be filed October 29, 2012. TEX. R. APP. P.
04-14-00045-CR
26.2(a)(1). A motion for extension of time to file the notice of appeal was due on November 13,
2012. TEX. R. APP. P. 26.3.
Because the district clerk’s Certificate of Notice of Appeal indicated appellant is now
represented by appointed counsel, Mr. Michael D. Robbins, we issued a second order on February
25, 2014, directing Mr. Robbins to show cause in writing no later than March 10, 2014, why this
appeal should not be dismissed for lack of jurisdiction. On February 27, 2014, Mr. Robbins filed
a response in which he agreed this court “has no choice but to dismiss this appeal for lack of
jurisdiction.”
Accordingly, we deny appellant’s pro se “Motion for Leave to File Late Notice of Appeal”
and dismiss this appeal for lack of jurisdiction.
PER CURIAM
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