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Ballestero v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jul 26, 2024
No. 04-24-00425-CR (Tex. App. Jul. 26, 2024)

Opinion

04-24-00425-CR

07-26-2024

William James BALLESTERO, Appellant v. The STATE of Texas, Appellee


From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR8091 Honorable Ron Rangel, Judge Presiding

ORDER

LIZA A. RODRIGUEZ, JUSTICE

A timely notice of appeal is necessary to invoke this court's jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered timely so as to invoke our jurisdiction if (1) it is filed within fifteen days of the last day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals grants the motion for extension of time. Id. "When a notice of appeal is filed within the fifteen-day period but no timely motion for extension of time is filed, the appellate court lacks jurisdiction." Id.

In the present case, sentence was imposed on May 16, 2024. Because appellant did not file a motion for new trial, his notice of appeal was due on June 17, 2024. See TEX. R. APP. P. 26.2(a)(1) (stating notice of appeal must be filed thirty days after the day sentence is imposed); TEX. R. APP. P. 4.1(a) (providing appellate deadlines are extended to Monday when they fall on a Saturday or Sunday). Appellant's notice of appeal was filed on June 27, 2024, which was within the fifteen-day window for filing a motion for extension of time. See TEX. R. APP. P. 26.3 (stating an appellate court may extend the time to file a notice of appeal if an appellant files both the notice of appeal and a motion for extension of time within fifteen days after the deadline for filing the notice of appeal). Here, a motion for extension of time to file appellant's notice of appeal was due on July 2, 2024. Because appellant did not timely file a motion for extension of time to file his notice of appeal, it appears that we have no jurisdiction over this appeal. See Olivo, 918 S.W.2d at 522.

We, therefore, ORDER appellant to show cause on or before August 16, 2024 why this appeal should not be dismissed for lack of jurisdiction. If appellant does not respond within the time provided, this appeal will be dismissed for lack of jurisdiction.


Summaries of

Ballestero v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jul 26, 2024
No. 04-24-00425-CR (Tex. App. Jul. 26, 2024)
Case details for

Ballestero v. State

Case Details

Full title:William James BALLESTERO, Appellant v. The STATE of Texas, Appellee

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

Date published: Jul 26, 2024

Citations

No. 04-24-00425-CR (Tex. App. Jul. 26, 2024)