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Rosenbusch v. State

Fourth Court of Appeals San Antonio, Texas
Feb 5, 2014
No. 04-14-00051-CR (Tex. App. Feb. 5, 2014)

Opinion

No. 04-14-00051-CR

02-05-2014

Taylor Rae ROSENBUSCH, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION


From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 2011CR11074

Honorable Dick Alcala, Judge Presiding

PER CURIAM Sitting:

Catherine Stone, Chief Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice
DISMISSED FOR WANT OF JURISDICTION

On October 18, 2013, Appellant Taylor Rae Rosenbusch was sentenced to twelve years' confinement in the Texas Department of Criminal Justice—Institutional Division in trial court cause number 2011CR11074. Appellant's notice of appeal was due not later than November 18, 2013. See TEX. R. APP. P. 26.2(a); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Appellant's motion for extension of time to file a notice of appeal was due not later than December 3, 2013. See TEX. R. APP. P. 26.3; Olivo, 918 S.W.2d at 522. The clerk's record shows Appellant's notice of appeal was filed on January 14, 2014; it does not show a motion for new trial or a motion for extension of time to file a notice of appeal was filed. See TEX. R. APP. P. 26.3. In Appellant's motion to abate the appeal numbered 04-14-00050-CR, an appeal of trial court cause number 2011CR11075, Appellant acknowledges that she did not timely file a notice of appeal in this appeal (i.e., 04-14-00051-CR).

Absent a timely-filed, written notice of appeal of a criminal conviction, this court lacks jurisdiction over the appeal. Olivo, 918 S.W.2d at 522 ("A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction."); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988).

This appeal is dismissed for want of jurisdiction.

PER CURIAM

DO NOT PUBLISH


Summaries of

Rosenbusch v. State

Fourth Court of Appeals San Antonio, Texas
Feb 5, 2014
No. 04-14-00051-CR (Tex. App. Feb. 5, 2014)
Case details for

Rosenbusch v. State

Case Details

Full title:Taylor Rae ROSENBUSCH, Appellant v. THE STATE OF TEXAS, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Feb 5, 2014

Citations

No. 04-14-00051-CR (Tex. App. Feb. 5, 2014)