Ex Parte Susan K. Alsup

• Court: Court of Appeals of Texas
• Decided: March 27, 2014
• Docket: 10-14-00079-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-14-00079-CR

EX PARTE SUSAN K. ALSUP, Appellant

From the Precinct 7 McLennan County, Texas Trial Court No. 2013-4206-2

MEMORANDUM OPINION

Susan K. Alsup attempts to appeal from the trial court’s denial of a personal-

recognizance bond in the underlying arson case. Attached to her filing is the trial

court’s denial of her request for a personal-recognizance bond, which was entered on

October 9, 2013. Alsup did not file her purported notice of appeal until March 24,

2014—more than five months after the trial court’s October 9, 2013 denial. As such,

Alsup’s notice of appeal is untimely. See TEX. R. APP. P. 26.2(a). This appeal is

dismissed.1 See id.; Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (“A timely

1A motion for rehearing may be filed within 15 days after the judgment or order of this Court is rendered. TEX. R. APP. P. 49.1. A petition for discretionary review must be filed in the Court of Criminal notice of appeal is necessary to invoke a court of appeals’ jurisdiction.”); see also Chavez

v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (“A court of appeals . . . must

dismiss a prohibited appeal without further action, regardless of the basis for the

appeal.”); Davis v. State, 205 S.W.3d 606, 607 (Tex. App.—Waco 2006, no pet.) (per

curiam).

AL SCOGGINS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed March 27, 2014 Do not publish [CR25]

Appeals within 30 days after either the day the court of appeals’ judgment was rendered or the day the last timely motion for rehearing was overruled by the court of appeals. Id. at R. 68.2(a).

Ex parte Alsup Page 2