Opinion
No. 04-16-00600-CR
10-20-2016
Silver Starr HERNANDEZ, Appellant v. The STATE of Texas, Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CR9811
Honorable Mary D. Roman, Judge Presiding
ORDER
The trial court imposed sentence in this appeal on October 1, 2012, and appellant did not file a motion for new trial. Because appellant did not file a timely motion for new trial, the deadline for filing a notice of appeal was October 31, 2012. See TEX. R. APP. P. 26.2(a)(1); see also TEX. R. APP. P. 4.1(a). A notice of appeal was not filed until September 16, 2016, and appellant did not timely file a motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3.
We therefore ORDER appellant to file a written response in this court on or before January 21, 2016 showing cause why this appeal should not be dismissed for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals' jurisdiction). If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed for want of jurisdiction. If a supplemental clerk's record is required to show jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made.
In addition, the trial court signed a certificate stating this "is a plea-bargain case, and the defendant has NO right of appeal." See TEX. R. APP. P. 25.2(a)(2). The record does not contain a copy of the plea bargain agreement. Although we have yet to determine if appellant filed a timely notice of appeal, this court is required to dismiss an appeal "if a certification that shows the defendant has the right of appeal has not been made part of the record." See TEX. R. APP. P. 25.2(d).
Accordingly, appellant is hereby given notice that this appeal will be dismissed pursuant to rule 25.2(d) of the Texas Rules of Appellate Procedure unless an amended certification showing that appellant has the right to appeal is made part of the appellate record on or before January 21, 2016 See TEX. R. APP. P. 25.2(d); 37.1; Daniels v. State, 110 S.W.3d 174 (Tex. App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003 WL 21508347 (July 2, 2003, pet. ref'd) (not designated for publication).
We order all appellate deadlines suspended until further order of the court. We further order the clerk of this court to serve copies of this order on appellant, the attorneys of record and the court reporter.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of October, 2016.
/s/_________
Keith E. Hottle
Clerk of Court