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Bernal v. State

Fourth Court of Appeals San Antonio, Texas
Jan 16, 2014
No. 04-14-00035-CR (Tex. App. Jan. 16, 2014)

Opinion

No. 04-14-00035-CR

01-16-2014

Stephen Anthony BERNAL, Appellant v. The STATE of Texas, Appellee


From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 2009CR7017

Honorable Olin B. Strauss, Judge Presiding


ORDER

Appellant filed a document entitled Motion for Leave to File Late Notice of Appeal in the trial court; however, appellant did not file a notice of appeal. A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered timely so as to invoke a court of appeals' jurisdiction if (1) it is filed within fifteen days of the last day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals grants the motion for extension of time. See id. Although the Texas Court of Criminal Appeals may consider appellant's filing of the motion in determining whether appellant should be entitled to an out-of-time appeal, see Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure), we do not construe the motion as a notice of appeal. See Roberts v. State, 270 S.W.3d 662 (Tex. App.—San Antonio 2008, no pet.); Rivera v. State, 940 S.W.2d 148, 149 (Tex. App.—San Antonio 1996, no pet.). It is therefore ORDERED that appellant show cause in writing within two weeks from the date this order is signed why this appeal should not be dismissed for lack of jurisdiction. All other appellate deadlines are suspended until further order of this court.

__________

Catherine Stone, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of January, 2014.

__________

Keith E. Hottle

Clerk of Court


Summaries of

Bernal v. State

Fourth Court of Appeals San Antonio, Texas
Jan 16, 2014
No. 04-14-00035-CR (Tex. App. Jan. 16, 2014)
Case details for

Bernal v. State

Case Details

Full title:Stephen Anthony BERNAL, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jan 16, 2014

Citations

No. 04-14-00035-CR (Tex. App. Jan. 16, 2014)