David Castillo, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 31, 2022
• Docket: 04-22-00292-CR
• Status: Published

Opinion

FILE COPY

Fourth Court of Appeals San Antonio, Texas May 31, 2022

No. 04-22-00292-CR

David CASTILLO, Jr., Appellant

v.

The STATE of Texas, Appellee

From the 365th Judicial District Court, Zavala County, Texas Trial Court No. 20-01-003847-ZCRAJA Honorable Amado J. Abascal, III, Judge Presiding

ORDER The trial court imposed or suspended sentence on March 26, 2022. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on April 25, 2022. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on May 10, 2022. TEX. R. APP. P. 26.3. Appellant did not file a motion for extension of time and he filed his notice of appeal on May 18, 2022.

“A timely notice of appeal is necessary to invoke the jurisdiction of this Court.” Taylor v. State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014). “A defendant’s notice of appeal is timely if filed within thirty days after the day sentence is imposed or suspended, or within ninety days after sentencing if the defendant timely files a motion for new trial.” Id. (citing TEX. R. APP. P. 26.2(a)(1)). Because appellant did not timely file a notice of appeal, it appears that we lack jurisdiction over this appeal.

We, therefore, ORDER appellant to show cause in writing no later than June 10, 2022 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended until further order of the court.

_________________________________ Lori I. Valenzuela, Justice FILE COPY

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of May, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court