Barry William Uhr v. State

• Court: Court of Appeals of Texas
• Decided: September 2, 2020
• Docket: 04-20-00405-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas September 2, 2020

No. 04-20-00405-CR

Barry William UHR, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR7090 Honorable Stephanie R. Boyd, Judge Presiding

ORDER

The trial court imposed sentence in the underlying cause on May 4, 2020. Because appellant timely filed a motion for new trial, the notice of appeal was due to be filed August 3, 2020. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on August 18, 2020. TEX. R. APP. P. 26.3. Appellant filed a notice of appeal on August 12, 2011, but appellant did not file a motion for extension of time.

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 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 untimely filed, and no motion for extension of time was filed. It is therefore ORDERED that appellant show cause in writing no later than September 17, 2020 why this appeal should not be dismissed for lack of jurisdiction. 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 does not timely respond, this appeal will be dismissed for lack of jurisdiction.

_________________________________ Sandee Bryan Marion, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of September, 2020.

___________________________________ MICHAEL A. CRUZ, Clerk of Court