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Hayes v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jul 20, 2020
NO. 03-20-00310-CR (Tex. App. Jul. 20, 2020)

Opinion

NO. 03-20-00310-CR

07-20-2020

Erin Javar Hayes, Appellant v. The State of Texas, Appellee


FROM THE 264TH DISTRICT COURT OF BELL COUNTY, NO. 79413, THE HONORABLE FANCY H. JEZEK, JUDGE PRESIDING MEMORANDUM OPINION

Appellant Erin Javar Hayes seeks to appeal judgments of conviction for aggravated robbery with deadly weapons. See Tex. Penal Code § 29.03(a)(2). This Court's appellate jurisdiction in a criminal case is invoked by a timely filed notice of appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). In this case, the trial court imposed sentence on August 20, 2019. No motion for new trial was filed. Therefore, the deadline for perfecting appeal was September 19, 2019. See Tex. R. App. P. 26.2(a)(1) (notice of appeal must be filed within 30 days after day sentence imposed in open court). Hayes filed his notice of appeal on June 8, 2020—263 days after sentence was imposed. Because Hayes did not timely file a notice of appeal, we lack jurisdiction to address the merits of the appeal. See Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, we dismiss the appeal for want of jurisdiction.

/s/_________

Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Baker and Kelly Dismissed for Want of Jurisdiction Filed: July 20, 2020 Do Not Publish


Summaries of

Hayes v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jul 20, 2020
NO. 03-20-00310-CR (Tex. App. Jul. 20, 2020)
Case details for

Hayes v. State

Case Details

Full title:Erin Javar Hayes, Appellant v. The State of Texas, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Jul 20, 2020

Citations

NO. 03-20-00310-CR (Tex. App. Jul. 20, 2020)