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Munoz v. State

Fourth Court of Appeals San Antonio, Texas
Dec 21, 2016
No. 04-16-00784-CR (Tex. App. Dec. 21, 2016)

Opinion

No. 04-16-00784-CR

12-21-2016

Manuel G. MUNOZ, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2006CR9927
Honorable Juanita A. Vasquez-Gardner, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Jason Pulliam, Justice DISMISSED FOR WANT OF JURISDICTION

On February 11, 2008, Manuel Munoz pleaded nolo contendere to the offense of evading arrest or detention with a vehicle. Pursuant to a plea agreement, the trial court sentenced Munoz to seventeen years' imprisonment. Munoz untimely filed his notice of appeal in the trial court on November 14, 2016.

Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address merits of appeal, and court may take no action other than to dismiss appeal; court may not suspend rules to alter time for perfecting appeal); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss this appeal for want of jurisdiction.

PER CURIAM DO NOT PUBLISH


Summaries of

Munoz v. State

Fourth Court of Appeals San Antonio, Texas
Dec 21, 2016
No. 04-16-00784-CR (Tex. App. Dec. 21, 2016)
Case details for

Munoz v. State

Case Details

Full title:Manuel G. MUNOZ, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Dec 21, 2016

Citations

No. 04-16-00784-CR (Tex. App. Dec. 21, 2016)