Opinion
04-24-00206-CR
03-27-2024
Juan P. TORRES, Appellant v. The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR10332W Honorable Kevin M. O'Connell, Judge Presiding
ORDER
PATRICIA O. ALVAREZ, JUSTICE.
In 2015, Appellant Juan Paz Torres pled guilty to driving while intoxicated (third time). The trial court certified that he had no right of appeal.
Paz Torres was placed on six years' community supervision. He was discharged in December 2021.
On March 21, 2024, Paz Torres filed a notice of appeal challenging his 2015 conviction.
But even if Paz Torres had obtained the trial court's permission to appeal, "[a] timely notice of appeal is necessary to invoke a court of appeals' jurisdiction." Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (citing Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993)). In this case, Appellant filed a notice of appeal after he completed community supervision, i.e., after the deadline for perfecting an appeal. Contra Tex. R. App. P. 26.2(a).
Therefore, we order Appellant to show cause in writing within twenty days of the date of this order why this appeal should not be dismissed for want of jurisdiction. If Appellant fails to show cause within the time provided, the appeal will be dismissed. See Tex. R. App. P. 43.2(f).
All other appellate deadlines in this matter are suspended until further order of this court.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of March, 2024.