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Montano v. State

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
May 12, 2021
No. 08-21-00061-CR (Tex. App. May. 12, 2021)

Opinion

No. 08-21-00061-CR

05-12-2021

CIRO MONTANO, Appellant, v. THE STATE OF TEXAS, State.


Appeal from the 143 District Court of Reeves County, Texas (TC# 13-02-07743-CRR) ORDER

On April 16, 2021, the Court questioned its jurisdiction over this appeal and issued a 10-day letter asking Appellant to respond and show cause why this case should not be dismissed for want of jurisdiction. As of this date, Appellant has not responded.

We note the existence of a discrepancy in the dates indicated on the notice of appeal (NOA). The certificate of service states that the notice of appeal was served on the Reeves County District Attorney's Office on October 29, 2020, through the electronic filing manager (EFM). The digital stamp on the NOA from the Reeves County District Clerk indicates the document was filed with the district court on March 25, 2021, at 2:34 p.m.

Appellant is hereby ORDERED to, within 10 days, provide the Court with an explanation for this discrepancy, to show grounds for continuing this appeal, and to provide a receipt from the EMF showing the NOA was timely filed, if such a receipt exists. Failure to do so will result in additional appropriate action by this Court, including dismissal without further notice as appropriate.

IT IS SO ORDERED this 12 day of May, 2021.

PER CURIAM Before Rodriguez, C.J., Palafox and Alley, JJ.


Summaries of

Montano v. State

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
May 12, 2021
No. 08-21-00061-CR (Tex. App. May. 12, 2021)
Case details for

Montano v. State

Case Details

Full title:CIRO MONTANO, Appellant, v. THE STATE OF TEXAS, State.

Court:COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: May 12, 2021

Citations

No. 08-21-00061-CR (Tex. App. May. 12, 2021)