Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00290-CR
Roberto ESPARZA,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR10325
Honorable Joey Contreras, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: June 13, 2018
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence in the underlying cause on March 21, 2018. Because
appellant did not file a motion for new trial, the notice of appeal was due to be filed on April 20,
2018. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was
due on May 7, 2018. TEX. R. APP. P. 26.3. Appellant filed a notice of appeal on April 26, 2018 but
did not file a motion for extension of time. Because the notice of appeal was untimely filed in this
appeal, this court ordered appellant to show cause in writing by May 30, 2018 why this appeal
should not be dismissed for lack of jurisdiction. Appellant did not file a response.
04-18-00290-CR
A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See Olivo
v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered
timely so as to invoke a court of appeals’ jurisdiction if (1) it is filed within fifteen days of the last
day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within
fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals
grants the motion for extension of time. Id. Accordingly, because appellant did not file a timely
notice of appeal or request for extension of time to file a notice of appeal, this appeal is dismissed
for lack of jurisdiction. See id.
PER CURIAM
DO NOT PUBLISH
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