Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00595-CR
Fidel CASTILLO,
Appellant
v.
The STATE of
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR2204
Honorable Dick Alcala, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: October 9, 2013
DISMISSED FOR WANT OF JURISDICTION
The trial court imposed sentence on May 24, 2013, and appellant timely filed a motion for
new trial on June 21, 2013. See TEX. R. APP. P. 21.4(a). Therefore, the deadline for filing a notice
of appeal was August 22, 2013. See TEX. R. APP. P. 26.2(a)(2). A notice of appeal was not filed
until August 30, 2013, and appellant did not file a motion for extension of time to file the notice
of appeal. See TEX. R. APP. P. 26.3. According to appellant’s appointed counsel, and our review
of the clerk’s record, there is no envelope containing a postmark with regard to the filing of the
notice of appeal.
04-13-00595-CR
Because the notice of appeal appeared to be late, we issued on order on September 17,
2013, advising appellant the appeal would be dismissed unless appellant established the notice of
appeal was timely filed by mail or otherwise established why the appeal should not be dismissed
for want of jurisdiction. Appellant’s counsel has filed a response in which he agrees the notice of
appeal is untimely and this court lacks jurisdiction.
Because the notice of appeal in this case was not timely filed, we lack jurisdiction to
entertain the appeal. See 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 want of
jurisdiction.
PER CURIAM
Do Not Publish
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