Opinion
No. 04-15-00681-CR
01-06-2016
Jesse James ARZOLA, Jr., Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2014CR7485
Honorable Steve Hilbig, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice DISMISSED FOR LACK OF JURISDICTION
A timely notice of appeal is necessary to invoke our jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A notice of appeal is timely if it is filed within thirty days after the day sentence is imposed or suspended in open court, or within ninety days after sentencing if a timely motion for new trial is filed. Olivo, 918 S.W.2d at 522; TEX. R. APP. P. 26.2(a). Absent a timely filed notice of appeal, we can take no action other than to dismiss the appeal. Slaton, 981 S.W.2d at 210.
In this case, appellant was convicted of the offense of harassment of a public servant and sentenced by the trial court in April 2015. Appellant did not file a notice of appeal in the trial court or in this court. However, on November 2, 2015, more than six months after his sentence was imposed, appellant filed a motion for leave to file a late notice of appeal in this court. On November 20, 2015, we issued an order informing appellant that it appeared we had no jurisdiction over this appeal. We explained that a timely notice of appeal was necessary to invoke our jurisdiction. We further directed appellant to show cause, on or before December 11, 2015, why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond.
This appeal is dismissed for lack of jurisdiction. Appellant's motion for leave to file a late notice of appeal is denied as moot.
PER CURIAM Do not publish