John Canales v. State

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00650-CR

John CANALES, Appellant

v. The State of The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR8914 Honorable Philip A. Kazen, Jr., Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice

Delivered and Filed: October 9, 2013

DISMISSED FOR LACK OF JURISDICTION

Defendant pled nolo contendre to possession of a controlled substance PG 1 less than 1

gram and was sentenced within the terms of a plea bargain. The trial court imposed or suspended

sentence on July 26, 2013. Because appellant did not file a motion for new trial, the notice of

appeal was due to be filed August 26, 2013. Tex. R. App. P. 26.2(a)(1). A motion for extension

of time to file the notice of appeal was due on September 9, 2013. Tex. R. App. P. 26.3. Appellant

filed notice of appeal on September 23, 2013. Appellant did not file a motion for extension of

time. Accordingly, on September 27, 2013, this court ordered appellant to show cause in writing 04-13-00650-CR

why this appeal should not be dismissed for lack of jurisdiction. On September 30, 2013,

appellant’s attorney filed a response conceding this court lacks jurisdiction over the appeal.

Accordingly, we dismiss this appeal for lack of jurisdiction.

Do not publish

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