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Benavidez v. State

Fourth Court of Appeals San Antonio, Texas
May 5, 2021
No. 04-21-00075-CR (Tex. App. May. 5, 2021)

Opinion

No. 04-21-00075-CR

05-05-2021

Aaron Isaac BENAVIDEZ, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. NM582054
Honorable Ron Rangel, Judge Presiding PER CURIAM Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice DISMISSED FOR LACK OF JURISDICTION

Appellant Aaron Isaac Benavidez attempts to appeal a November 16, 2020 order dismissing a criminal action. Appellant's notice of appeal was due on December 16, 2020. See TEX. R. APP. P. 26.2(a) (providing that, absent a timely motion for new trial, a defendant's notice of appeal is due within 30 days after the trial court enters an appealable order). However, appellant did not file his notice of appeal until February 24, 2021. Additionally, appellant never filed a motion for extension of time to file his notice of appeal. See id. 26.3 (stating an appellate court may extend the time to file a notice of appeal when a notice of appeal and a motion for extension of time are filed within 15 days after the deadline for filing the notice of 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). A late notice of appeal may be considered timely so as to invoke the appellate court's 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 appellate court within fifteen days of the last day allowed for filing the notice of appeal, and (3) the appellate court grants the motion for extension of time. Id. Appellant has not met these requirements. See id.

We informed appellant of our lack of jurisdiction and gave him an opportunity to file a response. Appellant has not filed a response. Accordingly, we dismiss this appeal for lack of jurisdiction.

PER CURIAM DO NOT PUBLISH


Summaries of

Benavidez v. State

Fourth Court of Appeals San Antonio, Texas
May 5, 2021
No. 04-21-00075-CR (Tex. App. May. 5, 2021)
Case details for

Benavidez v. State

Case Details

Full title:Aaron Isaac BENAVIDEZ, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: May 5, 2021

Citations

No. 04-21-00075-CR (Tex. App. May. 5, 2021)