Opinion
04-23-00833-CR
09-18-2023
Terrell Anthony CHASE, Appellant v. The STATE of Texas, Appellee
From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR6099C Honorable Joel Perez, Judge Presiding
ORDER
Liza A. Rodriguez, Justice.
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). A late notice of appeal may be considered timely so as to invoke a court of appeals' jurisdiction 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. Id. "When a notice of appeal is filed within the fifteen-day period but no timely motion for extension of time is filed, the appellate court lacks jurisdiction." Id.
In the present case, sentence was imposed on July 18, 2023. Because appellant did not file a motion for new trial, his notice of appeal was due on August 17, 2023. See Tex. R. App. P. 26.2(a)(1) (stating that a notice of appeal must be filed 30 days after sentence is imposed). A motion for extension of time to file appellant's notice of appeal was due on September 1, 2023. Tex.R.App.P. 26.3 (stating an appellate court may extend the time to file a notice of appeal if an appellant files the notice of appeal and a motion for extension of time within 15 days after the deadline for filing the notice of appeal). The clerk's record shows that the notice of appeal was file-stamped by the trial court clerk on August 24, 2023. The clerk's record does not show that appellant filed a motion for extension of time to file his notice of appeal. Because appellant did not timely file a motion for extension of time to file his notice of appeal, it appears that we lack jurisdiction over this appeal. See Olivo, 918 S.W.2d at 522.
Additionally, the clerk's record does not establish that the mailbox rule or the equitable prisoner mailbox rule applies. See Anderson v. State, 625 S.W.3d 128, 131 (Tex. Crim. App. 2021); Turner v. State, 529 S.W.3d 157, 158-59 (Tex. App.-Texarkana 2017, no pet.).
We, therefore, ORDER appellant to show cause on or before October 9, 2023 why this appeal should not be dismissed for lack of jurisdiction. If appellant does not respond in the time provided, this appeal will be dismissed for lack of jurisdiction.