Jose A. Garcia, Jr. v. State of Texas

• Court: Court of Appeals of Texas
• Decided: October 15, 2003
• Docket: 04-01-00186-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-01-00185-CR

No. 04-01-00186-CR

Jose A. GARCIA, Jr.,

Appellant

v.

The STATE of Texas,

Appellee

From the 226th Judicial District Court, Bexar County, Texas

Trial Court Nos. 1999-CR-5110-A & 1999-CR-5111-A

Honorable Sid L. Harle, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: October 15, 2003

DISMISSED FOR LACK OF JURISDICTION

It appears appellant filed a pro se motion for leave to file late notices of appeal in these cases on March 8, 2001. No further action has been taken in these appeals. Appellant is represented by John A. Convery. Records obtained from the trial court clerk in trial cause number 1999-CR-5110-A indicate appellant's conviction in this cause number was dismissed on February 22, 2001 "in consideration for plea on 1999 CR 511A." Records obtained from the trial court clerk in trial cause number 1999-CR-5111-A indicate sentence was imposed on December 18, 2000 and Mr. Convery timely filed a motion for new trial on December 22, 2000. Appellant timely filed a pro se motion for leave to file late notice of appeal on March 8, 2001. Appellant's notice of appeal was due to be filed on March 19, 2001. Tex. R. App. P. 26.2(a)(2). Although appellant timely filed a motion for extension of time, he did not file a notice of appeal. A timely notice of appeal is necessary to invoke this court's jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Tex. R. App. P. 26.2(a).

On September 15, 2003, we ordered appellant to show cause why his appeals should not be dismissed for lack of jurisdiction. After a diligent and commendable review of his records, considering the time that has passed, and after speaking with appellant, Mr. Convery filed a response in which he agreed these appeals should be dismissed and indicating that appellant desired that these appeals be dismissed. Accordingly, these appeals are dismissed for lack of jurisdiction.

DO NOT PUBLISH