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Becka v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 8, 2022
No. 04-22-00725-CV (Tex. App. Nov. 8, 2022)

Opinion

04-22-00725-CV

11-08-2022

David Gene BECKA, Appellant v. The STATE of Texas, Appellee


From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR1257 Honorable Andrew Wyatt Carruthers, Judge Presiding

ORDER

PATRICIA O. ALVAREZ, JUSTICE

On October 4, 2022, the magistrate judge signed an order for extended outpatient mental health services for Appellant David Gene Becka.

Under the Health and Safety Code, Appellant's notice of appeal was due within ten days after the order was signed. See Tex. Health & Safety Code Ann. § 574.070(b); In re J.A., 53 S.W.3d 869, 871 (Tex. App.-Dallas 2001, no pet.). Thus, Appellant's notice of appeal was due on October 14, 2022. See Tex. Health & Safety Code Ann. § 574.070(b).

On October 28, 2022, Appellant filed a notice of appeal; the notice of appeal was late. See id. However, Appellant's notice of appeal was filed within fifteen days after the deadline for filing the notice of appeal. See Tex. R. App. P. 26.3. We will imply a motion for extension of time. See Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997) ("[A] motion for extension of time is necessarily implied when an appellant acting in good faith files a [notice of appeal] beyond the time allowed by Rule [26.1], but within the fifteen-day period in which the appellant would be entitled to move to extend the filing deadline under Rule [26.3].").

We ORDER Appellant to file a motion for extension of time that reasonably explains the need for an extension within TEN DAYS of the date of this order. See Tex. R. App. P. 26.3 (citing Tex.R.App.P. 10.5(b)); In re E.K.C., 486 S.W.3d 614, 616 (Tex. App.-San Antonio 2016, no pet.). If Appellant fails to file a motion as ordered, we will dismiss this appeal for want of jurisdiction without further notice. See Tex. R. App. P. 42.3(a), (c).


Summaries of

Becka v. State

Court of Appeals of Texas, Fourth District, San Antonio
Nov 8, 2022
No. 04-22-00725-CV (Tex. App. Nov. 8, 2022)
Case details for

Becka v. State

Case Details

Full title:David Gene BECKA, Appellant v. The STATE of Texas, Appellee

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

Date published: Nov 8, 2022

Citations

No. 04-22-00725-CV (Tex. App. Nov. 8, 2022)