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Flowers v. State

Fourth Court of Appeals San Antonio, Texas
Feb 21, 2018
No. 04-18-00030-CR (Tex. App. Feb. 21, 2018)

Opinion

No. 04-18-00030-CR

02-21-2018

Gregory Duwayne FLOWERS, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR9418W
Honorable Lori I. Valenzuela, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence in the underlying causes on November 30, 2017. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed January 2, 2018. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on January 17, 2018. TEX. R. APP. P. 26.3. Appellant filed a notice of appeal on January 11, 2018, but appellant did not file a motion for extension of time.

A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction. See 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. See id. Because it appeared to this court that the notice of appeal was untimely filed in this appeal, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. The appellant's attorney filed a written response conceding that the notice of appeal was untimely filed. Because the notice of appeal was untimely filed, this appeal is dismissed for lack of jurisdiction. See id.; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure).

PER CURIAM DO NOT PUBLISH


Summaries of

Flowers v. State

Fourth Court of Appeals San Antonio, Texas
Feb 21, 2018
No. 04-18-00030-CR (Tex. App. Feb. 21, 2018)
Case details for

Flowers v. State

Case Details

Full title:Gregory Duwayne FLOWERS, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Feb 21, 2018

Citations

No. 04-18-00030-CR (Tex. App. Feb. 21, 2018)