Opinion
04-24-00712-CR
10-25-2024
Alan Angelo NAVARRO, Appellant v. The STATE of Texas, Appellee
From the 83rd Judicial District Court, Val Verde County, Texas Trial Court No. 2024-0169-CR Honorable Robert E. Cadena, Judge Presiding
ORDER
Beth Watkins, Justice
In a criminal case, both a motion for new trial and a notice of appeal are due within 30 days of the date the trial court imposes or suspends sentence in open court. See TEX. R. APP. 21.4(a), 26.2(a); Rodarte v. State, 860 S.W.2d 108, 109 (Tex. Crim. App. 1993) (construing predecessor to Rule 26.2). Here, the trial court's judgment indicates that it imposed sentence in the underlying cause on August 22, 2024. Accordingly, appellant's motion for new trial was due on September 23, 2024. See TEX. R. APP. 21.4(a). The record shows appellant filed a motion for new trial on September 26, 2024.
Because the thirtieth day after the date the trial court imposed sentence fell on a Saturday, the appellant's deadline fell on the following Monday. TEX. R. APP. P. 4.1(a).
Because appellant did not timely file a motion for new trial, his notice of appeal was due by September 23, 2024. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due by October 8, 2024. See TEX. R. APP. P. 26.3. Appellant filed a notice of appeal on October 10, 2024.
A timely notice of appeal is necessary to invoke an appellate court's jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered timely so as to invoke a court of appeals' jurisdiction if (1) it is filed within fifteen days of the last day allowed for filing, (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. See id.
Having reviewed the record, it appears that the notice of appeal was untimely filed, and no motion for extension of time was filed. We therefore ORDER appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction by November 25, 2024. See id.; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of October, 2024.