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Herrera v. State

Fourth Court of Appeals San Antonio, Texas
Jun 5, 2017
No. 04-17-00240-CR (Tex. App. Jun. 5, 2017)

Opinion

No. 04-17-00240-CR

06-05-2017

Lorenzo Alejandro HERRERA, Appellant v. The STATE of Texas, Appellee


From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR3175W
Honorable Juanita A. Vasquez-Gardner, Judge Presiding

ORDER

Appellant filed a notice of appeal on April 2, 2017, stating he is appealing the denial of his "Motion to Discover All Documentary Evidence in Compliance with the Michael Morton Act." In his notice of appeal, he states he is not appealing the underlying judgment of conviction signed on April 30, 2012. A review of the clerk's record, filed on May 24, 2017, however, does not include an order either granting or denying the motion, but rather reflects his motion is currently pending in the trial court.

In a criminal case, appeal is perfected by timely filing a notice of appeal. TEX. R. APP. P. 25.2(a).1. The notice of appeal must be in writing and must contain the necessary jurisdictional allegations. TEX. R. APP. P. 25.2(b); State v. Riewe, 13 S.W.3d 408, 410 (Tex. Crim. App. 2000). Rule 25.2(b) of the Texas Rules of Appellate Procedure provides that a notice of appeal is sufficient if the notice shows the party's desire to appeal from "the judgment or other appealable order." A notice of appeal which does not contain the necessary jurisdictional allegations will not invoke the jurisdiction of the court of appeals. Riewe, 13 S.W.3d at 410. Unless the jurisdiction of the appellate court is invoked, the appellate court has no jurisdiction over the appeal and must dismiss the matter. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).

Because the record does not include an order either granting or denying appellant's "Motion to Discover All Documentary Evidence in Compliance with the Michael Morton Act," it appears we lack jurisdiction over this attempted appeal. We therefore ORDER appellant to file in this court, on or before July 5, 2017, a written response showing cause why this appeal should not be dismissed for want of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). If a supplemental clerk's record is required to establish this court's 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. All deadlines in this matter are suspended until further order of the court.

We order the clerk of this court to serve a copy of this order on the trial court, all counsel, appellant, 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 5th day of June, 2017.

/s/_________

Luz Estrada

Chief Deputy Clerk


Summaries of

Herrera v. State

Fourth Court of Appeals San Antonio, Texas
Jun 5, 2017
No. 04-17-00240-CR (Tex. App. Jun. 5, 2017)
Case details for

Herrera v. State

Case Details

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

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 5, 2017

Citations

No. 04-17-00240-CR (Tex. App. Jun. 5, 2017)