Aaron Michael Rogers v. State

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-19-00810-CR

Aaron Michael ROGERS,

Appellant

v.

The STATE of Texas,

Appellee

From the 216th Judicial District Court, Kerr County, Texas Trial Court No. A16381

Honorable N. Keith Williams, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice Beth Watkins, Justice

Liza A. Rodriguez, Justice

Delivered and Filed: January 29, 2020 DISMISSED FOR WANT OF JURISDICTION On June 27, 2019, appellant Aaron Michael Rogers was convicted of unlawful possession of a firearm by a felon. Because Rogers did not file a motion for new trial, the notice of appeal was due by July 29, 2019. 1 See TEX. R. APP. P.26.2(a)(1). A notice of appeal was not filed until September 6, 2019, and appellant did not timely file a motion for extension of time to file the notice of appeal. See id. R. 26.3.

1 The notice of appeal was originally due by July 27, 2019, but because that day fell on a Saturday, the deadline extended to Monday, July 29, 2019. See TEX. R. APP. P. 4.1(a).

04-19-00810-CR

We ordered Rogers to file a written response showing cause why we should not dismiss this appeal for want of jurisdiction by December 23, 2019. 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). We advised Rogers that if no satisfactory response was filed within the time provided, we would dismiss the appeal for want of jurisdiction.

Rogers’s appointed appellate counsel filed a response, stating the notice of appeal was untimely, and there is nothing in the record that would have extended the time to file the notice of appeal. We therefore dismiss the appeal for want of jurisdiction. See id.; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions).

PER CURIAM

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