Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00715-CR
Felix VILLARREAL,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR5623
Honorable Ron Rangel, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Jason Pulliam, Justice
Delivered and Filed: December 9, 2015
DISMISSED FOR WANT OF JURISDICTION
On March 21, 2014, the trial court imposed sentence on Felix Villarreal and certified the
case was a plea-bargain case in which Villarreal had no right of appeal. Villarreal did not file a
motion for new trial. The deadline for filing a notice of appeal was therefore April 20, 2014. TEX.
R. APP. P. 26.2(a)(1). A notice of appeal was not filed until November 5, 2015, and the envelope
in which the notice of appeal was mailed was not postmarked until November 3, 2015.
On November 5, 2015, Villarreal also filed a request in the trial court for permission to file
an out of time appeal because, as he alleges in his motion, he did not knowingly waive his right to
04-15-00715-CR
an appeal. Although we construe Villarreal’s request as a request to file a motion for extension of
time to file the notice of appeal, the request is untimely. See TEX. R. APP. P. 26.3.
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DO NOT PUBLISH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-
Felix Villarreal v. State
Combined Opinion