David M. Lopez v. State

Opinion

Fourth Court of Appeals San Antonio, Texas July 2, 2019

No. 04-19-00400-CR

David M. LOPEZ, Appellant

v.

The STATE of Texas, Appellee

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CR-4232W Honorable Ron Rangel, Judge Presiding

ORDER The trial court imposed sentence in Cause No. 2019CR4232W on April 16, 2019. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on May 16, 2019. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on May 31, 2019. TEX. R. APP. P. 26.3. On June 13, 2019, appellant filed a “Notice of Appeal from Negotiated Plea.” Appellant did not file a motion for extension of time. Because appellant did not timely file a notice of appeal or timely file a motion for extension of time, we lack jurisdiction over this appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). [1]

We, therefore, ORDER appellant to show cause on or before July 17, 2019 why this appeal should not be dismissed for lack of jurisdiction.

_________________________________ Irene Rios, Justice

[1] We also note the trial court’s certification in this appeal states that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” The clerk’s record contains a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the trial court’s certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2). Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of July, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court