Opinion
04-24-00517-CR
08-09-2024
Christian Arturo TORRES, Appellant v. The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR7070 Honorable Christine Del Prado, Judge Presiding
ORDER
Beth Watkins, Justice.
The trial court imposed sentence on counts 1 and 2 in the underlying cause on June 17, 2024 and imposed sentence on count 3 on July 1, 2024. Because appellant did not file a motion for new trial, the notice of appeal from the judgments of conviction on counts 1 and 2 was due by July 17, 2024, and a motion for extension of time was due by August 1, 2024. TEX. R. APP. P. 26.2(A)(1), 26.3. The notice of appeal from the judgment of conviction on count 3 was due by July 31, 2024. Appellant filed a notice of appeal on July 30, 2024, but did not file a motion for extension of time.
A timely notice of appeal is necessary to invoke an appellate court's jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered timely so as to invoke a court of appeals' jurisdiction if (1) it is filed within fifteen days of the last day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals grants the motion for extension of time. See id.
Having reviewed the record, it appears that the notice of appeal was timely filed as to the judgment of conviction on count 3, but untimely filed as to the judgments of conviction on counts 1 and 2, and no motion for extension of time was filed. We therefore ORDER appellant to show cause in writing why his appeal from the judgments of conviction on counts 1 and 2 should not be dismissed for lack of jurisdiction by September 9, 2024. See id.; 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).