Crystina Becerra v. State

Opinion

Opinion issued March 11, 2014

In The

Court of Appeals

For The

First District of Texas

assessed a $400 fine. On October 5, 2012, the State filed a motion to adjudicate guilt. On October 9, 2012, the trial court entered judgment adjudicating Becerra’s guilt and sentenced her to four years’ imprisonment. On January 4, 2013, Becerra filed a notice of appeal of the trial court’s judgment. We dismiss the appeal.

Generally, a defendant’s notice of appeal in a criminal case is due within thirty days after the sentence is imposed in open court or the trial court enters an appealable order. See TEX. R. APP. P. 26.2(a)(1). The deadline to file a notice of appeal is extended to 90 days after the date the sentence is imposed in open court if the defendant timely files a motion for new trial. See TEX. R. APP. P. 26.2(a)(2). The time to file a notice of appeal may also be extended if, within 15 days after the deadline to file the notice of appeal, a party properly files a motion for extension. See TEX. R. APP. P. 10.5(b), 26.3.

Here, the trial court sentenced Becerra and signed a final judgment on October 9, 2012. Becerra did not file a motion for new trial nor did she file a motion for an extension of time to file her notice of appeal. Therefore, Becerra’s notice of appeal was due by November 8, 2012. See TEX. R. APP. P. 26.2(a)(1).

Becerra untimely filed her notice of appeal on January 4, 2013. Without a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918

3

S.W.2d 519, 522 (Tex. Crim. App. 1996); Douglas v. State, 987 S.W.2d 605, 605–06 (Tex. App.—Houston [1st Dist.] 1999, no pet.).

On April 4, 2013, we notified Becerra that her appeal was subject to dismissal for want of jurisdiction unless, by April 15, 2013, she filed a response showing grounds for continuing the appeal. Becerra failed to file an adequate response.

Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.

APP. P. 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Bland, and Brown.

Do not publish. TEX. R. APP. P. 47.2(b).

Footnotes

1. NO. 01-13-00064-CR ——————————— CRYSTINA BECERRA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 179th District Court Harris County, Texas Trial Court Case No. 1289828 MEMORANDUM OPINION Appellant, Crystina Becerra, pleaded guilty to the felony offense of aggravated assault with a deadly weapon.* On June 17, 2011, the trial court deferred adjudication, placed her on community supervision for five years, and * See TEX. PENAL CODE. ANN. § 22.02(a) (West 2011).