Fourth Court of Appeals
San Antonio, Texas
November 5, 2018
No. 04-18-00558-CR
Rosalinda Huereca PENA,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 6, Bexar County, Texas
Trial Court No. 455468
Honorable Wayne A. Christian, Judge Presiding
ORDER
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Appellant’s brief was due October 15, 2018, but it was not filed. The clerk of this court
notified appellant’s counsel, Suzanne Kramer, of the deficiency by letter on October 18. The
letter required a response by October 29, 2018. See TEX. R. APP. P. 38.8(b)(2). The brief has not
been filed. Instead, on November 1, appellant’s court-appointed counsel filed a motion to
dismiss, raising an issue about whether the notice of appeal was timely filed.
The trial court imposed sentence on July 3, 2018, and a notice of appeal was due August
2, 2018. Appellant’s pro se notice of appeal was mailed and received in this court on August 1,
2018. The clerk of this court forwarded the notice of appeal to the trial court clerk, where it was
file-stamped on August 6, 2018, which was within ten days of the deadline for filing the notice
of appeal. The notice of appeal therefore was timely filed. See Taylor v. State, 424 S.W.3d 39,
41, 44 (Tex. Crim. App. 2014); Castillo v. State, 369 S.W.3d 196, 198 n. 11 (Tex. Crim. App.
2012). We deny the motion to dismiss.
Appellant’s brief is past due. We order Suzanne Kramer to file appellant’s brief by
November 14, 2018.
_________________________________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 5th day of November, 2018.
___________________________________
Keith E. Hottle
Clerk of Court