Jeramie Castillo A/K/A Jeraime Castillo v. State

Court of Appeals of Texas

Jeramie Castillo A/K/A Jeraime Castillo v. State

DecidedMay 25, 2017

Docket11-17-00117-CR

StatusPublished

This text of Jeramie Castillo A/K/A Jeraime Castillo v. State (Jeramie Castillo A/K/A Jeraime Castillo v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jeramie Castillo A/K/A Jeraime Castillo v. State, (Tex. Ct. App. 2017).

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Opinion

Opinion filed May 25, 2017

In The

Eleventh Court of Appeals ___________

No. 11-17-00117-CR ___________

JERAMIE CASTILLO A/K/A JERAIME CASTILLO, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 42nd District Court Taylor County, Texas Trial Court Cause No. 26183A

MEMORANDUM OPINION Appellant filed an untimely notice of appeal from a conviction for the offense of assault family violence with two priors. We dismiss the appeal. The documents on file in this case indicate that Appellant’s sentence was imposed on March 2, 2017, and that his notice of appeal was filed in the district clerk’s office on May 4, 2017. When the appeal was filed in this court, we notified Appellant that the notice of appeal appeared to be untimely—as it was due to be filed on or before April 3, 2017. We also informed Appellant that the appeal may be dismissed for want of jurisdiction, and we requested that Appellant respond to our letter and show grounds to continue. Appellant has not responded to our letter. Pursuant to TEX. R. APP. P. 26.2(a), a notice of appeal is due to be filed either (1) within thirty days after the date that sentence is imposed in open court or (2) if the defendant timely files a motion for new trial, within ninety days after the date that sentence is imposed in open court. A notice of appeal must be in writing and filed with the clerk of the trial court. TEX. R. APP. P. 25.2(c)(1). The documents on file in this court reflect that Appellant did not file a motion for new trial and that his notice of appeal was not filed with the clerk of the trial court until sixty-three days after sentence was imposed. The notice of appeal was, therefore, untimely. Absent a timely filed notice of appeal or the granting of a timely motion for extension of time, we do not have jurisdiction to entertain the appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993). This appeal is dismissed for want of jurisdiction.

PER CURIAM

May 25, 2017 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J.

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Opinion filed May 25, 2017

In The

Eleventh Court of Appeals ___________

No. 11-17-00117-CR ___________

JERAMIE CASTILLO A/K/A JERAIME CASTILLO, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 42nd District Court Taylor County, Texas Trial Court Cause No. 26183A

MEMORANDUM OPINION Appellant filed an untimely notice of appeal from a conviction for the offense of assault family violence with two priors. We dismiss the appeal. The documents on file in this case indicate that Appellant’s sentence was imposed on March 2, 2017, and that his notice of appeal was filed in the district clerk’s office on May 4, 2017. When the appeal was filed in this court, we notified Appellant that the notice of appeal appeared to be untimely—as it was due to be filed on or before April 3, 2017. We also informed Appellant that the appeal may be dismissed for want of jurisdiction, and we requested that Appellant respond to our letter and show grounds to continue. Appellant has not responded to our letter. Pursuant to TEX. R. APP. P. 26.2(a), a notice of appeal is due to be filed either (1) within thirty days after the date that sentence is imposed in open court or (2) if the defendant timely files a motion for new trial, within ninety days after the date that sentence is imposed in open court. A notice of appeal must be in writing and filed with the clerk of the trial court. TEX. R. APP. P. 25.2(c)(1). The documents on file in this court reflect that Appellant did not file a motion for new trial and that his notice of appeal was not filed with the clerk of the trial court until sixty-three days after sentence was imposed. The notice of appeal was, therefore, untimely. Absent a timely filed notice of appeal or the granting of a timely motion for extension of time, we do not have jurisdiction to entertain the appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993). This appeal is dismissed for want of jurisdiction.

PER CURIAM

May 25, 2017 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J.

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Jeramie Castillo A/K/A Jeraime Castillo v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeramie-castillo-aka-jeraime-castillo-v-state-texapp-2017.

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