Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00496-CR
Jonathan Andrew BRUECKEL,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2020CR9293W
Honorable Frank J. Castro, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: December 22, 2021
APPEAL DISMISSED FOR LACK OF JURISDICTION
The trial court suspended appellant’s sentence on September 30, 2020, and placed him on
community supervision. The trial court signed orders amending appellant’s community
supervision on June 29, 2021 and on August 31, 2021. Appellant filed a pro se notice of appeal
on November 5, 2021, in which he refers to the June 29, 2021, order. Assuming without deciding
the June 29, 2021 order is an appealable order and because appellant did not file a motion for new
trial, his notice of appeal was due on July 29, 2021. TEX. R. APP. P. 26.2(a)(1).
04-21-00496-CR
“A timely notice of appeal is necessary to invoke the jurisdiction of this Court.” Taylor v.
State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014). “A defendant’s notice of appeal is timely if
filed within thirty days after the day sentence is imposed or suspended, or within ninety days after
sentencing if the defendant timely files a motion for new trial.” Id. (citing TEX. R. APP. P.
26.2(a)(1)). Because appellant did not timely file a notice of appeal, it appeared we lack
jurisdiction over this appeal. Therefore, on November 16, 2021, we ordered appellant to show
cause in writing, no later than November 30, 2021, why this appeal should not be dismissed for
lack of jurisdiction. Our order cautioned appellant that if he failed to respond by November 30,
2021, this appeal would be dismissed.
Appellant has not responded; therefore, we dismiss this appeal for lack of jurisdiction.
PER CURIAM
Do not publish
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