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Robles v. State

Fourth Court of Appeals San Antonio, Texas
Jul 12, 2019
No. 04-19-00424-CR (Tex. App. Jul. 12, 2019)

Opinion

No. 04-19-00424-CR

07-12-2019

Steven ROBLES, Appellant v. The STATE of Texas, Appellee


From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR7479
Honorable Catherine Torres-Stahl, Judge Presiding

ORDER

The trial court imposed sentence in Cause No. 2017CR7479 on August 23, 2018. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on September 22, 2018. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on October 7, 2018. TEX. R. APP. P. 26.3. On May 16, 2019, appellant filed a Motion for Leave to File a Late Notice of Appeal, and on June 17, 2019, appellant filed a Notice of Appeal from Negotiated Plea. Because appellant did not timely file a notice of appeal or timely file a motion for extension of time, we lack jurisdiction over this appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

We also note the trial court's certification in this appeal states that "this criminal case is a plea-bargain case, and the defendant has NO right of appeal." The clerk's record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the trial court's certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, "The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules." TEX. R. APP. P. 25.2(d).

We, therefore, ORDER appellant to show cause on or before July 29, 2019 why this appeal should not be dismissed for lack of jurisdiction.

/s/_________

Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of July, 2019.

/s/_________

KEITH E. HOTTLE,

Clerk of Court


Summaries of

Robles v. State

Fourth Court of Appeals San Antonio, Texas
Jul 12, 2019
No. 04-19-00424-CR (Tex. App. Jul. 12, 2019)
Case details for

Robles v. State

Case Details

Full title:Steven ROBLES, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jul 12, 2019

Citations

No. 04-19-00424-CR (Tex. App. Jul. 12, 2019)