Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00303-CR
Steven ROBLES,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 304370
Honorable Monica Gonzalez, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: May 22, 2019
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence in the underlying cause on October 20, 2009. Because
appellant did not file a motion for new trial, the notice of appeal was due to be filed November 19,
2009. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was
due on December 4, 2009. TEX. R. APP. P. 26.3. Appellant filed a motion for leave to file late
notice of appeal in the trial court on April 8, 2019, which we construe as a notice of appeal. See
Harkcom v. State, 484 S.W.3d 432, 434 (Tex. Crim. App. 2016).
04-19-00303-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). Because appellant did not file a timely
notice of appeal, this court does not have jurisdiction to consider this appeal. Accordingly, the
appeal is dismissed for lack of jurisdiction. See id.; see also Bowen v. State, No. 02-18-00028-
CR, 2018 WL 1414849, at *1 (Tex. App.—Fort Worth Mar. 22, 2018, no pet.) (not designated for
publication) (citing authority addressing availability of post-conviction habeas relief in
misdemeanor proceedings, including the power to grant an out-of-time appeal). 1
PER CURIAM
DO NOT PUBLISH
1
We also note the trial court’s certification in this appeal states that “this criminal case is a plea-bargain case, and the
defendant has NO right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal
must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record
under these rules.” TEX. R. APP. P. 25.2(d).
-2-