IN THE
TENTH COURT OF APPEALS
No. 10-17-00089-CR
MICHAEL TAPIA,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2015-74-C1
MEMORANDUM OPINION
Michael Tapia appeals the trial court's judgment of conviction which was signed
on July 26, 2016. Tapia was required to file a notice of appeal within 30 days of the date
he was sentenced in open court.1 See TEX. R. APP. P. 26.2(a)(1). His notice of appeal filed
here on March 17, 2017 is untimely. We have no jurisdiction of an untimely appeal, and
1Tapia asserts in his notice of appeal that his trial counsel filed a notice of appeal with this Court in August
of 2016. We have no record of a notice of appeal filed on behalf of Tapia.
this appeal must be dismissed. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996)
(no appellate jurisdiction where notice of appeal is untimely).
Accordingly, this appeal is dismissed.2
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed March 22, 2017
Do not publish
[CR25]
2
A motion for rehearing may be filed within 15 days after the judgment of this Court is rendered. See TEX.
R. APP. P. 49.1. If the appellant desires to have the decision of this Court reviewed by filing a petition for
discretionary review, that petition must be filed with the Court of Criminal Appeals within 30 days after
either the day this Court's judgment was rendered or the day the last timely motion for rehearing was
overruled by this Court. See TEX. R. APP. P. 68.2(a).
Tapia v. State Page 2