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Cardenas v. State

Court of Appeals of Texas, Fourth District, San Antonio
May 7, 2024
No. 04-24-00281-CR (Tex. App. May. 7, 2024)

Opinion

04-24-00281-CR

05-07-2024

Christopher Michael CARDENAS, Appellant v. The STATE of Texas, Appellee


From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR12174 Honorable Kevin M. O'Connell, Judge Presiding.

ORDER

Rebeca C. Martinez, Chief Justice.

Pursuant to a plea bargain, the trial court signed a judgment of conviction on March 30, 2021, and placed appellant on community supervision. Thereafter, the State filed several motions to revoke community supervision, and, on November 7, 2022, the trial court signed a judgment revoking appellant's community supervision. On April 12, 2024, appellant filed a motion for new trial and a notice of appeal. Both filings were made well beyond the deadlines imposed by the appellate rules. See Tex. R. App. P. 21.4(1) 26.2(a)(1).

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). Having reviewed the record, it appears that the notice of appeal was untimely filed. It is therefore ORDERED that appellant show cause in writing within fifteen days from the date of this order why this appeal should not be 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). All other appellate deadlines are SUSPENDED pending further order of this court.


Summaries of

Cardenas v. State

Court of Appeals of Texas, Fourth District, San Antonio
May 7, 2024
No. 04-24-00281-CR (Tex. App. May. 7, 2024)
Case details for

Cardenas v. State

Case Details

Full title:Christopher Michael CARDENAS, Appellant v. The STATE of Texas, Appellee

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

Date published: May 7, 2024

Citations

No. 04-24-00281-CR (Tex. App. May. 7, 2024)