Opinion
04-22-00360-CR
07-07-2022
Monique Denniss VALLES, Appellant v. The STATE of Texas, Appellee
From the 81st Judicial District Court, Wilson County, Texas Trial Court No. 21-04-00083-W Honorable Lynn Ellison, Judge Presiding.
ORDER
Liza A. Rodriguez, Justice.
The trial court imposed sentence on March 1, 2022. Because appellant timely filed a motion for new trial on March 4, 2022, the notice of appeal was due to be filed on May 30, 2022. TEX. R. APP. P. 26.2(A). A MOTION FOR EXTENSION OF TIME TO FILE THE NOTICE OF APPEAL WAS DUE ON JUNE 14, 2022. TEX. R. APP. P. 26.3. APPELLANT, HOWEVER, DID NOT FILE HER NOTICE OF APPEAL UNTIL JUNE 16, 2022. APPELLANT FILED AN UNTIMELY MOTION FOR EXTENSION OF TIME TO FILE HER NOTICE OF APPEAL IN THIS COURT ON JUNE 16, 2022.
"A timely notice of appeal is necessary to invoke the jurisdiction of this Court." Taylor v. State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014). "A defendant's notice of appeal is timely if filed within thirty days after the day sentence is imposed or suspended, or within ninety days after sentencing if the defendant timely files a motion for new trial." Id. (citing TEX. R. APP. P. 26.2(a)(1)). Because appellant did not timely file a notice of appeal or a timely motion for extension of time, it appears that we lack jurisdiction over this appeal.
We, therefore, ORDER appellant to show cause in writing on or before July 21, 2022 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended until further order of the court.