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Aguilar v. State

Court of Appeals of Texas, Fourth District, San Antonio
Sep 15, 2021
No. 04-21-00335-CR (Tex. App. Sep. 15, 2021)

Opinion

04-21-00335-CR

09-15-2021

Raymond Alexander AGUILAR, Jr., Appellant v. The STATE of Texas, Appellee


DO NOT PUBLISH

From the County Court at Law No. 2, Guadalupe County, Texas Trial Court No. CCL-20-0739 Honorable Bill Squires, Judge Presiding

Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice.

MEMORANDUM OPINION

PER CURIAM

The trial court imposed sentence on November 11, 2020. Because appellant did not file a motion for new trial, appellant's notice of appeal was due to be filed on December 17, 2020. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on January 1, 2021. TEX. R. APP. P. 26.3. Appellant did not file his notice of appeal until August 10, 2021.

"A timely notice of appeal is necessary to invoke the jurisdiction of this Court." Taylor v. State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014). "A defendant's notice of appeal is timely if filed within thirty days after the day sentence is imposed or suspended, or within ninety days after sentencing if the defendant timely files a motion for new trial." Id. (citing TEX. R. APP. P. 26.2(a)(1)).

Because it appeared this court lacked jurisdiction over this appeal, on August 18, 2021, we ordered appellant to show cause in writing no later than September 1, 2021 why this appeal should not be dismissed for lack of jurisdiction. Appellant has not responded. This appeal is dismissed for lack of jurisdiction.


Summaries of

Aguilar v. State

Court of Appeals of Texas, Fourth District, San Antonio
Sep 15, 2021
No. 04-21-00335-CR (Tex. App. Sep. 15, 2021)
Case details for

Aguilar v. State

Case Details

Full title:Raymond Alexander AGUILAR, Jr., Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Sep 15, 2021

Citations

No. 04-21-00335-CR (Tex. App. Sep. 15, 2021)