From Casetext: Smarter Legal Research

Cerda v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Aug 26, 2021
No. 13-21-00146-CR (Tex. App. Aug. 26, 2021)

Opinion

13-21-00146-CR

08-26-2021

JOSE SAENZ CERDA, Appellant, v. THE STATE OF TEXAS, Appellee.


Do not publish. TEX. R. APP. P. 47.2(b).

On appeal from the 24th District Court of Calhoun County, Texas.

Before Justices Longoria, Hinojosa, and Tijerina

MEMORANDUM OPINION

NORA L. LONGORIA JUSTICE

This matter is before the Court on appellant's motion for court-appointed counsel and on the Court's own motion. Appellant attempted to perfect an appeal from a conviction for tampering with evidence, corpse. We dismiss the appeal for want of jurisdiction.

Sentence in this matter was imposed on February 1, 2018. On May 11, 2021, a notice of appeal was filed. On May 11, 2021, the Clerk of this Court notified appellant that it appeared that the appeal was not timely perfected. Appellant was advised that the appeal would be dismissed if the defect was not corrected within ten days from the date of receipt of the Court's directive.

Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed. TEX. R. APP. P. 26.2(a)(1). Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed or suspended in open court. TEX. R. APP. P. 26.2(a)(2). The time within which to file the notice may be enlarged if, within fifteen days after the deadline for filing the notice, the party files the notice of appeal and a motion complying with Rule 10.5(b) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 26.3.

This Court's appellate jurisdiction in a criminal case is invoked by a timely filed notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent a timely filed notice of appeal, a court of appeals does not obtain jurisdiction to address the merits of the appeal in a criminal case and can take no action other than to dismiss the appeal for want of jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Appellant may be entitled to an out-of-time appeal by filing a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals; however, the availability of that remedy is beyond the jurisdiction of this Court. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a); see also Ex parte Garcia, 988 S.W.2d 240 (Tex. Crim. App. 1999).

Accordingly, the appeal along with the motion for court-appointed appellate counsel are each dismissed for want of jurisdiction.


Summaries of

Cerda v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Aug 26, 2021
No. 13-21-00146-CR (Tex. App. Aug. 26, 2021)
Case details for

Cerda v. State

Case Details

Full title:JOSE SAENZ CERDA, Appellant, v. THE STATE OF TEXAS, Appellee.

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

Date published: Aug 26, 2021

Citations

No. 13-21-00146-CR (Tex. App. Aug. 26, 2021)