Opinion
No. 04-13-00667-CR
2013-10-07
Raymond Sandoval GARCIA, Appellant v. The STATE of Texas, Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 383282
Judge Timothy Johnson, Judge Presiding
ORDER
The trial court imposed sentence on August 2, 2013, and appellant did not file a motion for new trial. Therefore, the notice of appeal was due September 3, 2013, or the notice and a motion for extension of time to file were due fifteen days later on September 18, 2013. See TEX. R. APP. P. 26.2(a)(1), 26.3. The record contains a notice of appeal file stamped September 5, 2013, but appellant did not file a motion for extension of time to file the notice of appeal. See Tex. R. App. P. 26.3.
A notice of appeal may appear to be late if filed by mail. Campbell v. State, 320 S.W.3d 338 (Tex. Crim. App. 2010) (holding pro se inmate's properly addressed notice of appeal is deemed filed when it is delivered to prison authorities for forwarding to the court clerk); Moore v. State, 840 S.W.2d 439 (Tex. Crim. App. 1992) (applying mailbox rule to filing of cost bond in appeal of criminal case). The certificate of service of the notice to the Bexar County District Attorney's Office is dated September 3, 2013. However, the notice of appeal does not indicate whether it was filed with the clerk's office by mail and the record does not contain a copy of an envelope bearing a proper address and postmark.
We therefore order a response due October 28, 2013, establishing that the notice of appeal was timely filed by mail or otherwise showing cause why this appeal should not be dismissed for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals' jurisdiction). If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. If a supplemental clerk's record is necessary to establish this court's jurisdiction, appellant has the burden to request the trial court clerk prepare the supplemental clerk's record and to file a copy of any such request with this court. All deadlines in this matter are suspended until further order of the court.
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Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of October, 2013.
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Keith E. Hottle
Clerk of Court