MEMORANDUM OPINION
No. 04-12-00535-CR
John Michael LERMA,
Appellant
v.
The STATE of Texas,
Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2008CR2859
Honorable Philip Kazen, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: October 24, 2012
DISMISSED FOR WANT OF JURISDICTION
The trial court imposed sentence on John Michael Lerma on May 21, 2012, and signed
the judgment the next day. A motion for new trial was due on June 20, 2012; it was filed on
June 21, 2012. See TEX. R. APP. P. 21.4(a) (“The defendant may file a motion for new trial
before, but no later than 30 days after, the date when the trial court imposes or suspends sentence
in open court.”); Rodarte v. State, 840 S.W.2d 781, 784–85 (Tex. App.—San Antonio 1992),
aff’d, 860 S.W.2d 108 (Tex. Crim. App. 1993). Without a timely filed motion for new trial, the
04-12-00535-CR
notice of appeal was due on June 20, 2012. See TEX. R. APP. P. 26.2(a). Appellant filed his
notice of appeal on August 21, 2012.
The appellate record does not show that the appellant’s notice of appeal was timely filed.
On September 17, 2012, we ordered appellant to show cause in writing by October 2, 2012, why
his appeal should not be dismissed for want of jurisdiction. To date, this court has not received
any response to our order.
This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a
timely, written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996)
(“A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction.”); Shute v.
State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988). Accordingly, this appeal is dismissed for
want of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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