Opinion
04-24-00280-CR
06-12-2024
Christopher Michael CARDENAS, Appellant v. The STATE of Texas, Appellee
DO NOT PUBLISH
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR5337 Honorable Sarah Garrahan-Moulder, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice, Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice.
MEMORANDUM OPINION
PER CURIAM.
DISMISSED FOR LACK OF JURISDICTION
Appellant Christopher Michael Cardenas was indicted for the felony offense of assault. See Tex. Penal Code Ann. § 22.01(b). On October 17, 2016, the trial court signed an order of deferred adjudication. Thereafter, the State filed a motion to adjudicate guilt, and, on March 9, 2017, the trial court adjudicated guilt and imposed a sentence of two years' imprisonment. On April 12, 2024, appellant filed a motion for new trial and a notice of appeal.
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). In the absence of a timely motion for new trial, a defendant must file a notice of appeal within thirty days after the day sentence is imposed or suspended. Tex.R.App.P. 26.2(a). A motion for new trial is timely if it is filed no later than thirty days after the date the trial court imposes or suspends sentence. Id. R. 21.4(a). A late notice of appeal may be considered timely 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. See Olivo, 918 S.W.3d at 522.
Appellant's motion for new trial was filed over seven years after the trial court signed its judgment adjudicating guilt; therefore, the motion was untimely. See Tex. R. App. P. 21.4(a). Because appellant did not timely file a motion for new trial, his notice of appeal was due on April 10, 2017, and a motion for an extension of time was due on April 25, 2017. See id. R. 4.1(1), 26.2(a)(1), 26.3. Appellant did not file a motion for extension of time, and he filed his notice of appeal on April 12, 2024, over seven years after the deadline.
Because appellant did not timely file a notice of appeal, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond. Accordingly, we dismiss this appeal for lack of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address merits of appeal, and court may take no action other than to dismiss appeal; court may not suspend rules to alter time for perfecting appeal); Olivo, 918 S.W.2d at 522; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions).