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Deluna v. State

Fourth Court of Appeals San Antonio, Texas
Jun 25, 2014
No. 04-14-00366-CR (Tex. App. Jun. 25, 2014)

Opinion

No. 04-14-00366-CR

06-25-2014

Daniel Solis DELUNA, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION


From the 399th Judicial District Court, Bexar County, Texas

Trial Court No. 2010-CR-8127

Honorable Ray Olivarri, Judge Presiding

PER CURIAM Sitting: Catherine Stone, Chief Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice
DISMISSED FOR WANT OF JURISDICTION

On March 27, 2014, Appellant Daniel Solis Deluna was sentenced to two years in the Texas Department of Criminal Justice—State Jail Division in trial court cause number 2010-CR-8127. Appellant's notice of appeal was due not later than April 28, 2014. See TEX. R. APP. P. 26.2(a); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Appellant's motion for extension of time to file a notice of appeal was due not later than May 13, 2014. See TEX. R. APP. P. 26.3; Olivo, 918 S.W.2d at 522. The clerk's record shows Appellant's notice of appeal was filed on May 7, 2014; it does not show a motion for new trial or a motion for extension of time to file a notice of appeal was filed. See TEX. R. APP. P. 26.3.

Absent a timely-filed, written notice of appeal of a criminal conviction, this court lacks jurisdiction over the appeal. Olivo, 918 S.W.2d at 522 ("A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction."); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988).

This appeal is dismissed for want of jurisdiction.

PER CURIAM DO NOT PUBLISH


Summaries of

Deluna v. State

Fourth Court of Appeals San Antonio, Texas
Jun 25, 2014
No. 04-14-00366-CR (Tex. App. Jun. 25, 2014)
Case details for

Deluna v. State

Case Details

Full title:Daniel Solis DELUNA, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 25, 2014

Citations

No. 04-14-00366-CR (Tex. App. Jun. 25, 2014)