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King v. State

Fourth Court of Appeals San Antonio, Texas
Apr 16, 2014
No. 04-14-00159-CR (Tex. App. Apr. 16, 2014)

Opinion

No. 04-14-00159-CR

04-16-2014

David Darrell KING, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION


From the 437th Judicial District Court, Bexar County, Texas

Trial Court No. 2013CR2865

Honorable Lori I. Valenzuela, Judge Presiding

PER CURIAM Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Luz Elena D. Chapa, Justice
DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on David Darrell King on November 19, 2013, and King timely filed a motion for new trial. Therefore, King's notice of appeal was due February 17, 2014, ninety days after sentence was imposed. See Tex. R. App. P. 26.2(a)(2). A motion for extension of time to file the notice of appeal was due March 4, 2014. See Tex. R. App. P. 26.3. The record contains a notice of appeal file stamped March 5, 2014. The certificate of service signed by counsel states the notice of appeal was also served on appellee by hand delivery on March 5, 2014. King did not file a motion for extension of time to file the notice of appeal.

We issued an order requiring appellant to show cause by April 3, 21014, why his appeal from the trial court's November 19, 2013 judgment should not be dismissed for lack of jurisdiction. In response, King's attorney filed a motion to withdraw the notice of appeal. However, the motion is not signed by appellant as required by rule 44.2(a) of the Texas Rules of Appellate Procedure. Because appellant has failed to show his direct appeal was timely filed, we dismiss the appeal for lack of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

PER CURIAM

Do not publish


Summaries of

King v. State

Fourth Court of Appeals San Antonio, Texas
Apr 16, 2014
No. 04-14-00159-CR (Tex. App. Apr. 16, 2014)
Case details for

King v. State

Case Details

Full title:David Darrell KING, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Apr 16, 2014

Citations

No. 04-14-00159-CR (Tex. App. Apr. 16, 2014)