Opinion
No. 04-17-00376-CR
08-29-2017
The STATE of Texas, Appellant v. Francisco NIETO, JR., Appellee
From the 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 5952
Honorable N. Keith Williams, Judge Presiding
ORDER
This an attempted appeal by the State of Texas from a trial court's order granting appellee Francisco Nieto Jr.'s motion to dismiss the indictment based on federal constitutional speedy trial grounds. The order from which the State attempts to appeal was signed on May 4, 2017. Therefore, the State's notice of appeal was due to be filed on May 24, 2017, twenty days from the date the order was signed. See TEX. R. APP. P. 26.2(b). However, the State did not file its notice of appeal until May 26, 2017. Moreover, the State did not timely file a motion to extend time to file the notice of appeal, which would have been due on June 8, 2017. TEX. R. APP. P. 26.3.
Because the notice of appeal appears to be untimely filed, we ORDER the State to show cause on or before September 12, 2017 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended until further order of the court.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of August, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk