Opinion
No. 04-20-00307-CR
07-23-2020
Justin Dallas ARRIOLA, Appellant v. The STATE of Texas, Appellee
From the 38th Judicial District Court, Uvalde County, Texas
Trial Court No. 2012-08-12028-CR
Honorable Camile Glasscock Dubose, Judge Presiding
ORDER
The trial court imposed sentence on April 8, 2020. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on May 8, 2020. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on May 25, 2020. TEX. R. APP. P. 26.3. Appellant did not file his notice of appeal until June 9, 2020. Appellant also filed a motion for extension of time to file his notice of appeal on June 9, 2020.
"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)). Here, appellant did not timely file a notice of appeal. Nor did he timely file a motion for extension of time to file his notice of appeal. Therefore, it appears that we lack jurisdiction over this appeal.
We, therefore, ORDER appellant to show cause on or before August 6, 2020 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended until further order of the court.
/s/_________
Liza A. Rodriguez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of July, 2020.
/s/_________
MICHAEL A. CRUZ, Clerk of Court