Opinion
No. 04-19-00481-CR
10-30-2019
Juan ORTIZ, Jr., Appellant v. The STATE of Texas, Appellee
From the 81st Judicial District Court, Wilson County, Texas
Trial Court No. 18-08-137-CRW
Honorable Russell Wilson, Judge Presiding
ORDER
Appellant seeks to appeal from a judgment imposed on February 25, 2019. Because appellant did not file a motion for new trial, his notice of appeal was due on March 27, 2019. See TEX. R. APP. P. 26.2(a). Appellant filed his notice of appeal on July 15, 2019; therefore, it was untimely. Id. Upon appellant's motion, unopposed by the State, this appeal was abated for ninety days to permit appellant to seek an out-of-time appeal from the Court of Criminal Appeals. Ninety days have passed. Accordingly, appellant is ORDERED to respond in writing within ten (10) days from the date of this order by either: (1) requesting an extension of the abatement based on the progress of the request for an out-of-time appeal; or (2) explaining why this appeal should not be dismissed for lack of jurisdiction without prejudice to re-filing a new notice of appeal in the event an out-of-time appeal is granted. See TEX. R. APP. P. 43.2(f).
/s/_________
Liza A. Rodriguez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of October, 2019.
/s/_________
LUZ ESTRADA,
Chief Deputy Clerk