John Anthony Monaco v. State

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00096-CR

John Anthony MONACO, Appellant

v.

The STATE of Texas, Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2010CR12627 Honorable Angus McGinty, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: March 19, 2014

DISMISSED FOR WANT OF JURISDICTION

On November 7, 2013, Appellant John Anthony Monaco was sentenced to ten years’

confinement in the Texas Department of Criminal Justice—Institutional Division in trial court

cause number 2010CR12627. On December 6, 2013, Appellant timely filed a motion for new

trial. See TEX. R. CIV. P. 329b(a). Appellant’s notice of appeal was due not later than February 5,

2014. See TEX. R. APP. P. 26.2(a); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

Appellant’s motion for extension of time to file a notice of appeal was due not later than February

20, 2014. See TEX. R. APP. P. 26.3; Olivo, 918 S.W.2d at 522. The clerk’s record shows 04-14-00096-CR

Appellant’s notice of appeal was filed on February 7, 2014; it does not show a motion for extension

of time to file a notice of appeal was filed. See TEX. R. APP. P. 26.3.

On February 20, 2014, we ordered Appellant to show cause in writing by March 3, 2014,

why this appeal should not be dismissed for want of jurisdiction. To date, this court has not

received any response to our February 20, 2014 order.

Absent a timely-filed, written notice of appeal of a criminal conviction, this court lacks

jurisdiction over the appeal. Olivo, 918 S.W.2d at 522 (“A timely notice of appeal is necessary to

invoke a court of appeals’ jurisdiction.”); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App.

1988).

This appeal is dismissed for want of jurisdiction.

DO NOT PUBLISH

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