Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00856-CR
John Paul SIERRA,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR1737C
Honorable Lorina I. Rummel, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: January 10, 2018
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence on John Paul Sierra on November 16, 2015, and Sierra
did not file a motion for new trial. The deadline for filing a notice of appeal was therefore
December 16, 2015. See TEX. R. APP. P. 26.2(a)(1). OR 26.2(a)(2). A notice of appeal was not
filed until December 26, 2017.
Because the notice of appeal in this case was filed more than two years late, we lack
jurisdiction to entertain the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.
1998) (holding that if appeal is not timely perfected, court of appeals does not obtain jurisdiction
04-17-00856-CR
to address merits of appeal, and court may take no action other than to dismiss appeal; court may
not suspend rules to alter time for perfecting appeal); Olivo v. State, 918 S.W.2d 519, 522 (Tex.
Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App.
1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of
Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we
dismiss this appeal for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-
John Paul Sierra v. State
Combined Opinion