Alexander E. Garza v. the State of Texas

Court of Appeals of Texas

Alexander E. Garza v. the State of Texas

DecidedAugust 15, 2022

Docket04-22-00498-CR

StatusPublished

This text of Alexander E. Garza v. the State of Texas (Alexander E. Garza v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alexander E. Garza v. the State of Texas, (Tex. Ct. App. 2022).

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Fourth Court of Appeals San Antonio, Texas August 15, 2022

No. 04-22-00498-CR

Alexander E. GARZA, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR8604 Honorable Laura Lee Parker, Judge Presiding

ORDER Appellant Alexander E. Garza seeks to appeal the trial court’s judgment of conviction. A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A review of the record shows the trial court imposed sentence on June 7, 2022, and because Garza did not file a motion for new trial, his notice of appeal was due by July 7, 2022 or a notice and motion for extension of time was due fifteen days later. See TEX. R. APP. P. 26.2(a)(1), 26.3. However, Garza did not file his notice of appeal until July 26, 2022, and there is nothing in the record indicating he filed a motion for extension of time. See id. R. 26.3.

Accordingly, it appears the notice of appeal was untimely filed, and no motion for extension of time was filed. We therefore order appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction by September 14, 2022. 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). If appellant fails to respond to this order by the date ordered, this appeal will be dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3. All other appellate deadlines are suspended until further order of this court.

_________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of August, 2022.

___________________________________ Michael A. Cruz, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas August 15, 2022

No. 04-22-00498-CR

Alexander E. GARZA, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR8604 Honorable Laura Lee Parker, Judge Presiding

ORDER Appellant Alexander E. Garza seeks to appeal the trial court’s judgment of conviction. A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A review of the record shows the trial court imposed sentence on June 7, 2022, and because Garza did not file a motion for new trial, his notice of appeal was due by July 7, 2022 or a notice and motion for extension of time was due fifteen days later. See TEX. R. APP. P. 26.2(a)(1), 26.3. However, Garza did not file his notice of appeal until July 26, 2022, and there is nothing in the record indicating he filed a motion for extension of time. See id. R. 26.3.

Accordingly, it appears the notice of appeal was untimely filed, and no motion for extension of time was filed. We therefore order appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction by September 14, 2022. 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). If appellant fails to respond to this order by the date ordered, this appeal will be dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3. All other appellate deadlines are suspended until further order of this court.

_________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of August, 2022.

___________________________________ Michael A. Cruz, Clerk of Court

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