Joe Henry Robles v. State

• Court: Court of Appeals of Texas
• Decided: March 7, 2019
• Docket: 11-19-00031-CR
• Status: Published

Opinion

Opinion filed March 7, 2019

In The

Eleventh Court of Appeals ___________

No. 11-19-00031-CR ___________

JOE HENRY ROBLES, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 238th District Court Midland County, Texas Trial Court Cause No. CR41621

MEMORANDUM OPINION Joe Henry Robles has filed an untimely notice of appeal in this cause. Appellant attempts to appeal his 2013 conviction for the offense of evading arrest and detention in a vehicle. We dismiss the appeal. The documents on file in this case indicate that Appellant’s sentence was imposed on August 29, 2013, and that his out-of-time notice of appeal was filed in the district clerk’s office on July 5, 2018. Pursuant to Rule 26.2(a) of the Texas Rules of Appellate Procedure, 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’s notice of appeal was filed almost five years after his 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 this 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). In January 2019, when the appeal was filed in this court, we notified Appellant by letter that the notice of appeal appeared to be untimely and that the appeal may be dismissed for want of jurisdiction. We requested that Appellant respond to our letter and show grounds to continue. Appellant has not filed a response showing grounds upon which this appeal may proceed. We dismiss this appeal for want of jurisdiction.

PER CURIAM

March 7, 2019 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Stretcher, J., and Wright, S.C.J.1

Willson, J., not participating.

1 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.