Opinion
No. 04-13-00869-CR
12-16-2013
Michael Rudi SEEGER, Appellant v. The STATE of Texas, Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR2146
Honorable Maria Teresa Herr, Judge Presiding
ORDER
The trial court imposed sentence on November 4, 2013, and appellant did not file a motion for new trial. Because appellant did not file a motion for new trial, the deadline for filing a notice of appeal was December 4, 2013. See TEX. R. APP. P. 26.2(a)(1). A notice of appeal was not filed until December 6, 2013, and appellant has not filed a motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3.
A notice of appeal may appear to be late if filed by mail pursuant to Rule 9.2(b) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9.2; Moore v. State, 840 S.W.2d 439 (Tex. Crim. App. 1992) (applying mailbox rule to filing of cost bond in appeal of criminal case); Villarreal v. State, 199 S.W.3d 30 (Tex. App.—San Antonio 2006, order), disp. on merits, No. 04-06-00022-CR, 2007 WL 120625 (Tex. App.—San Antonio Jan. 19, 2007, pet. ref'd) (holding inmate's notice of appeal was timely filed when delivered in properly-addressed envelope to jail authorities on or before due date and received by clerk within ten days of filing deadline). There is no certificate of service attached to the notice of appeal that appears in the clerk's record so we cannot determine whether it was filed with the clerk's office by mail, and the record does not contain a copy of an envelope bearing a postmark.
We therefore ORDER appellant to file a response in this court on or before January 15, 2014, establishing that the notice of appeal was timely filed by mail or otherwise showing cause why this appeal should not be dismissed for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals' jurisdiction). If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. If a supplemental clerk's record is required to show jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All deadlines in this matter are suspended until further order of the court.
We order the clerk of this court to serve a copy of this order on all counsel, the district clerk, and the court reporter.
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Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of December, 2013.
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Keith E. Hottle
Clerk of Court