Opinion
No. 04-18-00516-CR
08-14-2018
Moses Eli AVILA, Appellant v. The STATE of Texas, Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR7607
Honorable Lorina I. Rummel, Judge Presiding
ORDER
The trial court imposed sentence in Cause No. 2017CR7607 on March 20, 2018. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on April 19, 2018. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on May 4, 3028. TEX. R. APP. P. 26.3. On July 16, 2018, appellant filed a "Motion for Leave to File Late Notice of Appeal/Continuance." Because appellant did not timely file a notice of appeal or timely file a motion for extension of time, it appears that we lack jurisdiction over this appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
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." The clerk's record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the trial court's certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2). 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).
We, therefore, ORDER appellant to show cause on or before August 29, 2018 why this appeal should not be dismissed for lack of jurisdiction.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of August, 2018.
/s/_________
Keith E. Hottle
Clerk of Court