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Besch v. State

Fourth Court of Appeals San Antonio, Texas
Nov 29, 2017
No. 04-17-00711-CR (Tex. App. Nov. 29, 2017)

Opinion

No. 04-17-00711-CR

11-29-2017

Melissa Ann BESCH, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 1999CR1518
Honorable Philip A. Kazen, Jr., Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence in the underlying cause on June 19, 2000. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed July 19, 2000. TEX. R. APP. P. 26.2(a)(1). Appellant filed a notice of appeal on October 25, 2017.

A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Because appellant's notice of appeal was untimely filed, this appeal is dismissed for lack of jurisdiction. See id.; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure).

PER CURIAM DO NOT PUBLISH


Summaries of

Besch v. State

Fourth Court of Appeals San Antonio, Texas
Nov 29, 2017
No. 04-17-00711-CR (Tex. App. Nov. 29, 2017)
Case details for

Besch v. State

Case Details

Full title:Melissa Ann BESCH, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 29, 2017

Citations

No. 04-17-00711-CR (Tex. App. Nov. 29, 2017)