Matthew White v. State

The State of Fourth Court of Appeals San Antonio, Texas November 20, 2015 No. 04-15-00719-CR Matthew WHITE, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR8425B Honorable Ray Olivarri, Judge Presiding ORDER The trial court imposed sentence on May 27, 2015, and appellant did not file a motion for new trial. Because appellant did not file a timely motion for new trial, the deadline for filing a notice of appeal was June 26, 2015. See TEX. R. APP. P. 26.2(a)(1). A notice of appeal was not filed until November 12, 2015, and appellant did not [timely] file a motion for extension of time to file the notice of appeal. See id. R. 26.3. We therefore order appellant to file a written response in this court on or before December 21, 2015 showing cause why this appeal should not be dismissed for lack of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals= jurisdiction). If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed for want of jurisdiction. If a supplemental clerk’s record is required to show jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All deadlines in this matter are suspended until further order of the court. _________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of November, 2015. ___________________________________ Keith E. Hottle Clerk of Court