Opinion
04-23-00894-CR
12-13-2023
Reginald Earl ALLMON, Appellant v. The STATE of Texas, Appellee
DO NOT PUBLISH
From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR9047 Honorable Catherine Torres-Stahl, Judge Presiding
Sitting: Patricia O. Alvarez, Justice, Luz Elena D. Chapa, Justice, Irene Rios, Justice
MEMORANDUM OPINION
PER CURIAM.
On October 3, 2023, Appellant Reginald Earl Allmon filed a form notice of appeal from a negotiated plea. Appellant did not indicate whether the trial court granted permission to appeal. The trial court's certification states that Appellant has no right of appeal. See Tex. R. App. P. 25.2(a)(2), (d). The trial court's judgment was pronounced on July 6, 2022.
Even if Appellant 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 the deadline for perfecting an appeal. Contra Tex. R. App. P. 26.2(a). See id. R. 25.2(a)(2).
On October 26, 2023, we issued an order to show cause, requiring Appellant to explain why the appeal should not be dismissed for wanted of jurisdiction both because his notice of appeal was untimely and because the trial court certified that he did not have a right to appeal. We warned Appellant that if he failed to provide a reasonable explanation, his appeal would be dismissed without further notice. Appellant filed a response, conceding that we must dismiss the appeal for want of jurisdiction.
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).
We now dismiss the purported appeal for want of jurisdiction.