Opinion
No. 04-14-00136-CR No. 04-14-00137-CR No. 04-14-00138-CR No. 04-14-00139-CR
05-07-2014
Billy Edward GONZALEZ, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 381st Judicial District Court, Starr County, Texas
Trial Court Nos. 12-CR-611, 12-CR-615, 12-CR-613 & 12-CR-609
Honorable Jose Luis Garza, Judge Presiding
PER CURIAM Sitting:
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
DISMISSED FOR WANT OF JURISDICTION
The trial court imposed the sentences in Appeal Nos. 04-14-00136-CR, 04-14-00138-CR, and 04-14-00139-CR on October 30, 2013, and signed the order being appealed in Appeal No. 04-14-00137-CR on October 31, 2013. Appellant did not file a motion for new trial. Because appellant did not file a timely motion for new trial, the deadline for filing the notice of appeal was November 29, 2013, for Appeal Nos. 04-14-00136-CR, 04-14-00138-CR, and 04-14-00139-CR, and December 2, 2013, for Appeal No. 04-14-00137-CR. See TEX. R. APP. P. 26.2(a)(1). A notice of appeal was not filed until February 25, 2014, and the record shows the notice of appeal was not mailed until February 18, 2014. Appellant did not file a motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3.
On March 18, 2014, we ordered appellant to file a written response on or before April 17, 2014, showing cause why the appeals should not be dismissed for want of jurisdiction. Appellant did not file a response. Because the notice of appeal was not timely filed, and no timely motion for extension of time was filed, we lack jurisdiction to entertain the appeals. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss these appeals for want of jurisdiction.
PER CURIAM
Do Not Publish