Opinion
No. 04-17-00085-CR
02-22-2017
Charles Anthony LHERAULT, Appellant v. The STATE of Texas, Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR10281
Honorable Mary D. Roman, Judge Presiding
ORDER
Appellant filed a notice of appeal in the trial court on February 14, 2017. The date appellant signed the notice of appeal is February 3, 2017. However, the certificate of notice of appeal states the trial court imposed sentence on December 5, 2014. The trial court signed the certification of appellant's right of appeal also on December 5, 2014. Appellant's notice of appeal was due within 30 days after the day sentence was imposed or within 90 days if the defendant timely filed a motion for new trial. Tex. R. App. P. 26.2(a).
We therefore order appellant, Charles Lherault, to file a response by March 14, 2017, showing cause why this appeal should not be dismissed for want of jurisdiction. See Taylor v. State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014) (stating 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.
All deadlines in this matter are suspended until further order of the court.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of February, 2017.
/s/_________
Keith E. Hottle
Clerk of Court