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Gandara v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jul 17, 2020
NO. 03-20-00300-CR (Tex. App. Jul. 17, 2020)

Opinion

NO. 03-20-00300-CR

07-17-2020

John Arturo Gandara, Appellant v. The State of Texas, Appellee


FROM THE 27TH DISTRICT COURT OF BELL COUNTY
NO. 78440 , THE HONORABLE JOHN GAUNTT, JUDGE PRESIDING MEMORANDUM OPINION

Appellant John Arturo Gandara seeks to appeal a judgment adjudicating guilt for possession of a controlled substance. See Tex. Health & Safety Code § 481.115(b). This Court's appellate jurisdiction in a criminal case is invoked by a timely filed notice of appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) ("A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction."). In this case, the trial court imposed sentence on January 9, 2020. No motion for new trial was filed. Therefore, the deadline for perfecting appeal was February 10, 2020. See Tex. R. App. P. 26.2(a)(1). Gandara filed his notice of appeal on April 29, 2020. Because Gandara did not timely file a notice of appeal, we lack jurisdiction to address the merits of the appeal. See Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, we dismiss the appeal for want of jurisdiction.

/s/_________

Thomas J. Baker, Justice Before Chief Justice Rose, Justices Baker and Kelly Dismissed for Want of Jurisdiction Filed: July 17, 2020 Do Not Publish


Summaries of

Gandara v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jul 17, 2020
NO. 03-20-00300-CR (Tex. App. Jul. 17, 2020)
Case details for

Gandara v. State

Case Details

Full title:John Arturo Gandara, Appellant v. The State of Texas, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Jul 17, 2020

Citations

NO. 03-20-00300-CR (Tex. App. Jul. 17, 2020)