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Salinas v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 9, 2024
No. 04-24-00065-CR (Tex. App. Feb. 9, 2024)

Opinion

04-24-00065-CR

02-09-2024

Salvador SALINAS, Appellant v. The STATE of Texas, Appellee


From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR12815 Honorable Michael E. Mery, Judge Presiding

ORDER

Luz Elena D. Chapa, Justice

Appellant Salvador Salinas seeks to appeal the trial court's judgment adjudicating him guilty. A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction. See Taylor v. State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A review of the record shows the trial court imposed sentence on December 12, 2023, and because Salinas did not file a motion for new trial, his notice of appeal was due by January 11, 2024 or a notice and motion for extension of time was due fifteen days later. See TEX. R. APP. P. 26.2(a)(1), 26.3. However, Salinas did not file his notice of appeal until January 29, 2024, and there is nothing in the record indicating he filed a motion for extension of time. See TEX. R. APP. P. 26.3.

Accordingly, it appears the notice of appeal is untimely filed. We therefore order appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction by March 11, 2024. See Taylor, 424 S.W.3d at 43; Olivo, 918 S.W.2d at 522; 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). If appellant fails to respond to this order by the date ordered, this appeal will be dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3. If a supplemental clerk's record is necessary to show this court's jurisdiction, appellant has the burden to request the trial court clerk to prepare the record, identifying the additional pleadings and orders requested, and must file a copy of any such request with this court. All other appellate deadlines are suspended until further order of this court.


Summaries of

Salinas v. State

Court of Appeals of Texas, Fourth District, San Antonio
Feb 9, 2024
No. 04-24-00065-CR (Tex. App. Feb. 9, 2024)
Case details for

Salinas v. State

Case Details

Full title:Salvador SALINAS, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Feb 9, 2024

Citations

No. 04-24-00065-CR (Tex. App. Feb. 9, 2024)