Andrew Mendez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 21, 2025
• Docket: 04-25-00044-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00044-CR

Andrew MENDEZ, Appellant

v.

The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR9933 Honorable Christine Del Prado, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Velia J. Meza, Justice

Delivered and Filed: May 21, 2025

DISMISSED FOR WANT OF JURISDICTION

A notice of appeal must be timely to invoke this court’s jurisdiction in criminal matters.

Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Rodarte v. State, 860 S.W.2d 108,

110 (Tex. Crim. App. 1993). Without a timely filed notice of appeal, an appellate court lacks

jurisdiction to address the merits of an appeal and can take no action other than to dismiss the

appeal. See Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Slaton, 981 S.W.2d at

210. 04-25-00044-CR

Appellant, Mendez, filed a motion for new trial on December 18, 2024 and a pro se notice

of appeal on December 30, 2024. Because the sentence was imposed on October 2, 2024, Mendez

needed to file a motion for new trial or notice of appeal by November 1, 2024. See TEX. R. APP. P.

21.4(a), 25.2(b), 26.2(a)(1).

On April 17, 2025, we ordered Mendez to show cause why this appeal should not be

dismissed for want of jurisdiction. His counsel filed a response on April 21, 2025. The response

does not show why we have jurisdiction. Instead, the response concedes that Mendez waived his

right to appeal as part of a plea bargain.

Because the notice of appeal was untimely, we lack jurisdiction over this appeal. See

Castillo, 369 S.W.3d at 198; Slaton, 981 S.W.2d at 210. Accordingly, we dismiss the appeal for

want of jurisdiction.

DO NOT PUBLISH

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