Demetriss Montel Green v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00643-CR

Demetriss Montel GREEN, Appellant

v.

The STATE of Texas, Appellee

From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 23-1922-CR-B Honorable Gary L. Steel, Judge Presiding

PER CURIAM

Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

Delivered and Filed: December 11, 2024

DISMISSED FOR LACK OF JURISDICTION

A timely notice of appeal is necessary to invoke the jurisdiction of a court of appeals.

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)).

The trial court imposed sentence in the underlying cause on July 17, 2024. Because

appellant did not file a motion for new trial, the notice of appeal was due to be filed on August 16, 04-24-00643-CR

2024. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was

due on September 3, 2024. TEX. R. APP. P. 26.3. Appellant, however, did not file his notice of

appeal until September 5, 2024, and appellant did not file a motion for extension of time to file the

notice of appeal. Thus, appellant’s notice of appeal is untimely.

On October 7, 2024, we ordered appellant to show cause why this appeal should not be

dismissed for lack of jurisdiction. To date, appellant has not responded to our order. Accordingly,

we dismiss this appeal for lack of jurisdiction.

DO NOT PUBLISH

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