Opinion
No. 04-18-00535-CR
08-30-2018
George S. CHAPPLE, Appellant v. The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR7642
The Honorable Laura Lee Parker, Judge Presiding
ORDER
A notice of appeal that complies with the requirements of Rule 26 of the Texas Rules of Appellate Procedure is required to vest the court of appeals with jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal and it can take no action other than to dismiss the appeal.
Here, the trial court imposed or suspended sentence on October 13, 2017. Because appellant did not file a timely motion for new trial, the notice of appeal was due to be filed on November 12, 2017. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on November 27, 2017. TEX. R. APP. P. 26.3. Appellant did not file his notice of appeal until July 30, 2018. Because appellant did not timely file a notice of appeal, it appears that we lack jurisdiction over this appeal. See Slaton, 981 S.W.2d at 210; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (out-of-time appeal from felony conviction may be sought by filing writ of habeas corpus pursuant to article 11. 07 of the Texas Code of Criminal Procedure).
We note appellant's counsel filed a motion for new trial more than thirty days after sentence was imposed. A motion for new trial filed more than thirty days after sentence is imposed does not extend the time for filing a notice of appeal. Mendez v. State, 914 S.W.3d 579, 580 (Tex. Crim. App. 1996).
We, therefore, ORDER appellant to show cause on or before September 13, 2018 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended until further order of the court.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of August, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court