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Gonzalez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 22, 2022
No. 04-22-00088-CR (Tex. App. Feb. 22, 2022)

Opinion

04-22-00088-CR

02-22-2022

Juan Manuel GONZALEZ, Appellant v. The STATE of Texas, Appellee


From the 341st Judicial District Court, Webb County, Texas Trial Court No. 1989CRA000237D3 Honorable Truman Roberts, Judge Presiding

ORDER

Patricia O. Alvarez, Justice.

On February 11, 2022, Appellant Juan Manuel Gonzalez filed a pro se notice of appeal in his murder case from 1989. The record we have for trial court cause number 1989CRA000237D3 shows Appellant was indicted on June 9, 1989-more than thirty-two years ago. It also shows that he appealed his conviction in the same year. This court affirmed his conviction in a 1991 memorandum opinion.

A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent a timely motion for new trial, a defendant's notice of appeal is timely filed if it is filed within thirty days after (1) the day sentence is imposed or suspended in open court, or (2) the day the trial court enters an appealable order. See Tex. R. App. P. 26.2; Olivo, 918 S.W.2d at 522.

Appellant's notice of appeal was due in 1989-more than thirty years ago. See Tex. R. App. P. 26.2(a)(1). And this court already considered his direct appeal at that time.

We ORDER Appellant to show cause in writing within TWENTY DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction See Olivo 918 S.W.2d at 522; Ater, 802 S.W.2d at 243.


Summaries of

Gonzalez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 22, 2022
No. 04-22-00088-CR (Tex. App. Feb. 22, 2022)
Case details for

Gonzalez v. State

Case Details

Full title:Juan Manuel GONZALEZ, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Feb 22, 2022

Citations

No. 04-22-00088-CR (Tex. App. Feb. 22, 2022)