Juan Manuel Gonzalez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 27, 2022
• Docket: 04-22-00088-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00088-CR

Juan Manuel GONZALEZ, Appellant

v.

The STATE of Texas, Appellee

From the 341st Judicial District Court, Webb County, Texas Trial Court No. 1989CRA000237D3 Honorable Elma Teresa Salinas Ender, Judge Presiding 1

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: April 27, 2022

DISMISSED FOR WANT OF JURISDICTION

This is an appeal from one count of murder. Appellant was convicted by jury trial on July

24, 1989. The written judgment states the sentence was imposed on July 25, 1989.

On August 3, 1989, Gonzalez’s counsel filed a notice of appeal, and his appeal followed.

This court affirmed his conviction on April 24, 1991, in case number 04-89-00401-CR.

On February 11, 2022, Appellant filed a notice of appeal, pro se, challenging his

conviction. On February 22, 2022, we ordered Appellant to show cause why his appeal should not

1 Beckie Palomo is the current presiding judge of the 341st District Court in Webb County. 04-22-00088-CR

be dismissed for want of jurisdiction. 2 To date, this court has not received a response to the order

to show cause. Even if we consider the current notice of appeal as an untimely motion for rehearing

from the opinion in 04-89-00401-CR, this court’s plenary power from that appeal expired on June

24, 1991. See TEX. R. APP. P. 19.1; Rodriguez v. State, 28 S.W.3d 25, 26 (Tex. App.—Houston

[1st Dist.] 2000, no pet.). We now dismiss the purported appeal for want of jurisdiction.

Do Not Publish

2 A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

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