Opinion
04-22-00498-CR
08-15-2022
Alexander E. GARZA, Appellant v. The STATE of Texas, Appellee
From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR8604 Honorable Laura Lee Parker, Judge Presiding.
ORDER
Luz Elena D. Chapa, Justice.
Appellant Alexander E. Garza seeks to appeal the trial court's judgment of conviction. 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 review of the record shows the trial court imposed sentence on June 7, 2022, and because Garza did not file a motion for new trial, his notice of appeal was due by July 7, 2022 or a notice and motion for extension of time was due fifteen days later. See Tex. R. App. P. 26.2(a)(1), 26.3. However, Garza did not file his notice of appeal until July 26, 2022, and there is nothing in the record indicating he filed a motion for extension of time. See id. R. 26.3.
Accordingly, it appears the notice of appeal was untimely filed, and no motion for extension of time was filed. We therefore order appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction by September 14, 2022. See id.; see also 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). If appellant fails to respond to this order by the date ordered, this appeal will be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3. All other appellate deadlines are suspended until further order of this court.