Opinion
04-23-00880-CR
10-18-2023
EX PARTE Edgar Ivan Gaitan CASTRO
From the County Court, Kinney County, Texas Trial Court No. 13342CR Honorable Susan D. Reed, Judge Presiding
ORDER
Lori I. Valenzuela, Justice
Appellant, Edgar Ivan Gaitan Castro, appeals from an order of the trial court signed on August 23, 2023. Appellant filed a notice of appeal in the trial court on October 2, 2023, which was after the deadline of September 22, 2023, but within the fifteen-day extension period provided by rule 26.3. See See Tex. R. App. P. 26.2(a)(1), 26.3.
Contemporaneously with his filing of a notice of appeal in the trial court, Appellant filed a motion for extension of time to file his notice of appeal in this court. In his motion, Appellant explained that the delay in filing his notice of appeal was not deliberate or intentional but was due to inadvertence or mistake. See Castillo v. State, 369 S.W.3d 196, 201 n.22 (Tex. Crim. App. 2012); Rodman v. State, 47 S.W.3d 545, 548 (Tex. App.-Amarillo 2000, no pet.).
Accordingly, the court GRANTS the motion and DEEMS Appellant's notice of appeal timely filed.