Opinion
04-23-00882-CR
10-24-2023
Wesley HENDERSON, Appellant v. The STATE of Texas, Appellee
From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2021CR4006 Honorable Kevin M. O'Connell, Judge Presiding
ORDER
Irene Rios, Justice
The trial court imposed sentence in the underlying cause on June 30, 2023. Because appellant timely filed a motion for new trial, the notice of appeal was due to be filed on September 28, 2023. Tex.R.App.P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on October 13, 2023. Tex.R.App.P. 26.3. On October 3, 2023, appellant filed his notice of appeal. Appellant did not file a motion for extension of time. Because appellant did not timely file a notice of appeal or timely file a motion for extension of time, we lack jurisdiction over this appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) ("When a notice of appeal is filed within the fifteen-day period [after the notice of appeal is due] but no timely motion for extension of time is filed, the appellate court lacks jurisdiction.").
We, therefore, ORDER appellant to show cause on or before November 8, 2023 why this appeal should not be dismissed for lack of jurisdiction.
We ORDER all other appellate deadlines suspended until further order of the court.