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Herrera v. State

Fourth Court of Appeals San Antonio, Texas
Oct 24, 2018
No. 04-18-00655-CR (Tex. App. Oct. 24, 2018)

Opinion

No. 04-18-00655-CR

10-24-2018

Martin HERRERA, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR8710A
Honorable Sid L. Harle, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice DISMISSED FOR LACK OF JURISDICTION

Appellant filed a notice of appeal in the underlying cause on September 4, 2018. A clerk's record was filed on September 14, 2018, and the docket sheet reflects that appellant is still awaiting sentencing. Because the trial court has not imposed sentence in the underlying cause, we have no jurisdiction to consider this appeal. See TEX. R. APP. P. 26.2 (providing appellate deadlines run from the day sentence is imposed or suspended in open court).

By order dated September 19, 2018, we ordered appellant to show cause in writing by October 3, 2018, why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond to our order. Because the record reflects appellant is still awaiting sentencing, this appeal is dismissed for lack of jurisdiction. See id.

PER CURIAM DO NOT PUBLISH


Summaries of

Herrera v. State

Fourth Court of Appeals San Antonio, Texas
Oct 24, 2018
No. 04-18-00655-CR (Tex. App. Oct. 24, 2018)
Case details for

Herrera v. State

Case Details

Full title:Martin HERRERA, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Oct 24, 2018

Citations

No. 04-18-00655-CR (Tex. App. Oct. 24, 2018)

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