Ernesto Garcia v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 9, 2021
• Docket: 09-21-00093-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00093-CR __________________

ERNESTO GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 18-02-01907-CR __________________________________________________________________

MEMORANDUM OPINION

Appellant Ernesto Garcia appealed from a sentence pronounced on September

6, 2019. The notice of appeal was filed with the trial court on April 27, 2021, more

than thirty days from the date of sentencing and outside the time for requesting an

extension of time for filing the notice of appeal. We notified the parties that the

notice of appeal did not appear to have been timely filed. Garcia filed a response,

but he did not establish that the notice of appeal was timely filed.

1 The Court finds that the notice of appeal was not timely filed. See Tex. R.

App. P. 26.2. No motion for extension of time was timely filed pursuant to Tex. R.

App. P. 26.3. It does not appear that Garcia obtained an out-of-time appeal from the

Court of Criminal Appeals. The Court finds it is without jurisdiction to entertain this

appeal. Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Submitted on June 8, 2021 Opinion Delivered June 9, 2021 Do Not Publish

Before Kreger, Horton, and Johnson, JJ.