Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00098-CR
Jose G. LECHLER,
Appellant
v.
The STATE of Texas,
Appellee
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2009CR6103
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: February 20, 2013
DISMISSED FOR WANT OF JURISDICTION
Jose G. Lechler was convicted of harassment of a public servant, and on March 31, 2010,
the trial court sentenced Lechler as a repeat offender to five years imprisonment. Lechler filed a
notice of appeal and a motion for extension of time to file the notice of appeal in the trial court
on February 4, 2013.
A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. Rodarte
v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993). When a defendant appeals a conviction and
sentence, the notice of appeal is timely if filed within thirty days after the day sentence is
04-13-00098-CR
imposed or suspended in open court, or within ninety days after sentencing if the defendant
timely files a motion for new trial. Id. at 109–10; Olivo v. State, 918 S.W.2d 519, 522 (Tex.
Crim. App. 1996); TEX. R. APP. P. 26.2. A motion for extension of time to file the notice of
appeal must be filed in the court of appeals within fifteen days of the deadline for filing the
notice of appeal. See TEX. R. APP. P. 26.3.
We lack jurisdiction to entertain this appeal because the notice of appeal and motion for
extension of time were not timely filed. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.
1996); 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); 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DO NOT PUBLISH
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