Jason Andrew Paul v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 7, 2023
• Docket: 04-23-00121-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00121-CR

Jason Andrew PAUL, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR0811 Honorable Melisa C. Skinner, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

Delivered and Filed: June 7, 2023

DISMISSED FOR LACK OF JURISDICTION

On November 30, 2020, appellant entered into a plea bargain with the State pursuant to

which he pleaded no contest to retaliation. The trial court imposed sentence in accordance with the

agreement and signed a certificate stating this “is a plea-bargain case, and the defendant has NO

right of appeal.” See TEX. R. APP. P. 25.2(a)(2).

On November 1, 2022, a magistrate entered an order extending appellant’s civil

commitment in the case. On January 30, 2023, we received a pro se notice of appeal which we

understood to be an untimely attempted appeal of the civil commitment order. Therefore, on 04-23-00121-CR

February 24, 2023, we notified appellant of a possible jurisdictional defect and ordered appellant

to show cause why this appeal should not be dismissed for lack of jurisdiction by March 13, 2023.

On March 3, 2023, the district clerk filed a supplemental clerk’s record containing

appellant’s pro se Notice of Appeal From Negotiated Plea, which was filed in the trial court on

March 3, 2023, along with a response to this court setting out complaints about the underlying

cause.

Because the trial court imposed sentence in the underlying cause on November 30, 2020,

and appellant did not file a motion for new trial, the notice of appeal was due by December 30,

2020. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was

due by January 14, 2020. See id. R. 26.3. Therefore, on April 14, 2023, we ordered appellant’s

counsel to show cause why this appeal should not be dismissed for lack of jurisdiction by May 15,

2023. On May 3, 2023, appellant filed a pro se motion for leave to file a late notice of appeal and

motion for appointment of counsel on appeal. Neither vests this court with jurisdiction.

A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See Olivo

v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered

timely so as to invoke a court of appeals’ jurisdiction if (1) it is filed within fifteen days of the last

day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within

fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals

grants the motion for extension of time. Id. Accordingly, because appellant did not file a timely

notice of appeal or timely request an extension of time to file a notice of appeal, this appeal is

dismissed for lack of jurisdiction. See id.

DO NOT PUBLISH

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