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Johnson v. State

Fourth Court of Appeals San Antonio, Texas
Nov 20, 2017
No. 04-17-00750-CR (Tex. App. Nov. 20, 2017)

Opinion

No. 04-17-00750-CR

11-20-2017

Kevin L. JOHNSON, Appellant v. The STATE of Texas, Appellee


From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2002CR4779
Honorable Philip A. Kazen, Jr., Judge Presiding

ORDER

Appellant was convicted of aggravated robbery, and on November 6, 2002, he was sentenced to imprisonment for life. On August 5, 2015, Appellant filed a motion for DNA testing, see TEX. CODE CRIM. PROC. ANN. art. 64.01 (West Supp. 2017), which the trial court denied on August 14, 2015.

On November 9, 2017, Appellant filed a notice of appeal complaining that the trial court erred when it denied his motion for DNA testing. See id. art. 64.05. Appellant had thirty days to file a notice of appeal. See TEX. R. APP. P. 26.2(a)(1); Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Davis v. State, 502 S.W.3d 803 (Tex. Crim. App. 2016) (per curiam) (order denying petition for discretionary review).

A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction. Castillo, 369 S.W.3d at 198; Olivo, 918 S.W.2d at 522. A late notice of appeal may be considered timely so as to invoke a court of appeal's jurisdiction if

(1) it is filed within fifteen days of the last day allowed for filing,

(2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and

(3) the court of appeals grants the motion for extension of time.
Olivo, 918 S.W.2d at 522; see also Castillo, 369 S.W.3d at 198 ("If a notice of appeal is not timely filed [under Rule 26.2 or Rule 26.3], the court of appeals has no option but to dismiss the appeal for lack of jurisdiction.").

Therefore, we ORDER Appellant to show cause in writing within TWENTY DAYS from the date of this order why this appeal should not be dismissed for want of jurisdiction. See Castillo, 369 S.W.3d at 198; Olivo, 918 S.W.2d at 522.

/s/_________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of November, 2017.

/s/_________

Keith E. Hottle

Clerk of Court


Summaries of

Johnson v. State

Fourth Court of Appeals San Antonio, Texas
Nov 20, 2017
No. 04-17-00750-CR (Tex. App. Nov. 20, 2017)
Case details for

Johnson v. State

Case Details

Full title:Kevin L. JOHNSON, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 20, 2017

Citations

No. 04-17-00750-CR (Tex. App. Nov. 20, 2017)