Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00811-CR
Joseph GARCIA III,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2011CR8879
The Honorable Angus K. McGinty, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: January 22, 2014
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence on Joseph Garcia III on August 8, 2013, and appellant did
not file a motion for new trial. Therefore, the notice of appeal was due September 8, 2013, or the
notice and a motion for extension of time to file, were due fifteen days later on September 23,
2013. TEX. R. APP. P. 26.2(a)(1); 26.3. Garcia did not file a notice of appeal until November 7,
2013, and did not file a motion for extension of time.
04-13-00811-CR
On December 17, 2013, we notified Garcia that the record raised an issue regarding our
jurisdiction over the appeal. We ordered Garcia to file a response by January 6, 2014, showing the
appeal was timely filed. Garcia did not respond to our order.
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
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