Joseph Garcia III v. State

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 PER CURIAM Do not publish -2-