Opinion
No. 04-13-00348-CR
06-11-2013
John Michael LEVESQUE, Appellant v. THE STATE OF TEXAS, Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2007CR3458
Mr. Andrew Wyatt Carruthers, Judge Presiding
ORDER
On May 31, 2013, appellant filed a pro se notice of appeal relating to an order signed on October 24, 2012. Accordingly, it appears that appellant's notice of appeal is untimely. See TEX. R. APP. P. 26.2(a)(1). When a notice of appeal and motion for extension of time are not filed within the fifteen-day grace period allowed by Rule 26.3, however, the appellate court lacks jurisdiction. See TEX. R. APP. P. 26.3; 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).
Therefore, it is ORDERED that appellant show cause in writing why this appeal should not be dismissed for lack of jurisdiction within 20 days from the date of this order.
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Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of June, 2013.
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Keith E. Hottle
Clerk of Court