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Gonzales v. State

Court of Appeals Seventh District of Texas at Amarillo
Nov 6, 2019
No. 07-19-00356-CR (Tex. App. Nov. 6, 2019)

Opinion

No. 07-19-00356-CR No. 07-19-00357-CR No. 07-19-00358-CR

11-06-2019

LOUIS FRED GONZALES, APPELLANT v. THE STATE OF TEXAS, APPELLEE


On Appeal from the 242nd District Court Hale County, Texas
Trial Court Nos. B20764-1806 , B20784-1806, B20820-1806; Honorable Kregg Hukill, Presiding

MEMORANDUM OPINION

Before QUINN, C.J., and PIRTLE and PARKER, JJ.

Appellant Louis Fred Gonzales was convicted of two counts of theft and one count of forgery of a financial instrument. Appellant has filed notices of appeal, pro se, challenging the convictions. We dismiss the appeals for want of jurisdiction.

The timely filing of a written notice of appeal is a jurisdictional prerequisite to hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In a criminal case, the notice of appeal must be filed within thirty days after sentence is imposed or within ninety days after sentence is imposed if the defendant timely files a motion for new trial. TEX. R. APP. P. 26.2(a). If a notice of appeal is not timely filed, we have no option but to dismiss the appeal for want of jurisdiction. Castillo, 369 S.W.3d at 198.

Appellant's sentences were imposed on January 28, 2019. Because he did not file any motions for new trial, his notices of appeal were due within thirty days of sentencing, by February 27, 2019. TEX. R. APP. P. 26.2(a)(1). Appellant did not file his notices of appeal until October 8, 2019. Accordingly, his untimely filed notices of appeal prevent this Court from acquiring jurisdiction over the appeals.

The appeals are dismissed for want of jurisdiction.

Per Curiam Do not publish.


Summaries of

Gonzales v. State

Court of Appeals Seventh District of Texas at Amarillo
Nov 6, 2019
No. 07-19-00356-CR (Tex. App. Nov. 6, 2019)
Case details for

Gonzales v. State

Case Details

Full title:LOUIS FRED GONZALES, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals Seventh District of Texas at Amarillo

Date published: Nov 6, 2019

Citations

No. 07-19-00356-CR (Tex. App. Nov. 6, 2019)

Citing Cases

Ex parte Gonzales

His appeal was dismissed for want of jurisdiction. Gonzales v. State, No. 07-19-00356-CR (Tex. App.—Amarillo,…