Opinion
No. 04-17-00750-CR
11-20-2017
Kevin L. JOHNSON, Appellant v. The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2002CR4779
Honorable Philip A. Kazen, Jr., Judge Presiding
ORDER
Appellant was convicted of aggravated robbery, and on November 6, 2002, he was sentenced to imprisonment for life. On August 5, 2015, Appellant filed a motion for DNA testing, see TEX. CODE CRIM. PROC. ANN. art. 64.01 (West Supp. 2017), which the trial court denied on August 14, 2015.
On November 9, 2017, Appellant filed a notice of appeal complaining that the trial court erred when it denied his motion for DNA testing. See id. art. 64.05. Appellant had thirty days to file a notice of appeal. See TEX. R. APP. P. 26.2(a)(1); Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Davis v. State, 502 S.W.3d 803 (Tex. Crim. App. 2016) (per curiam) (order denying petition for discretionary review).
A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction. Castillo, 369 S.W.3d at 198; Olivo, 918 S.W.2d at 522. A late notice of appeal may be considered timely so as to invoke a court of appeal's jurisdiction if
(1) it is filed within fifteen days of the last day allowed for filing,Olivo, 918 S.W.2d at 522; see also Castillo, 369 S.W.3d at 198 ("If a notice of appeal is not timely filed [under Rule 26.2 or Rule 26.3], the court of appeals has no option but to dismiss the appeal for lack of jurisdiction.").
(2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and
(3) the court of appeals grants the motion for extension of time.
Therefore, we ORDER Appellant to show cause in writing within TWENTY DAYS from the date of this order why this appeal should not be dismissed for want of jurisdiction. See Castillo, 369 S.W.3d at 198; Olivo, 918 S.W.2d at 522.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of November, 2017.
/s/_________
Keith E. Hottle
Clerk of Court