Julio Alejandro Zuniga v. State

Opinion

ACCEPTED

04-15-00245-CR

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 5/19/2015 11:54:37 AM

KEITH HOTTLE

CLERK

FILED IN

4th COURT OF APPEALS SAN ANTONIO, TEXAS 5/19/2015 11:54:37 AM

Bexar County Public Defender’s Office KEITH E. HOTTLE Paul Elizondo Tower  101 W. Nueva St., Suite 310  San Antonio, TX 78205 Clerk

Phone: (210) 335-0701  Fax: (210) 335-0707

May 19, 2015

Honorable Keith E. Hottle, Clerk Fourth Court of Appeals Cadena-Reeves Justice Center 300 Dolorosa St., Suite 3200 San Antonio, TX 78205

Re: Julio Alejandro Zuniga v. The State of Texas Appeal No. 04-15-00245-CR Trial Court Case No. 2014CR0936

RESPONSE TO SHOW CAUSE ORDER

Dear Mr. Hottle:

On May 18, 2015, the Court ordered Appellant to show cause in writing why this appeal should not be dismissed for want of jurisdiction. This letter is Appellant’s response to that order.

This appeal should not be dismissed.

On October 14, 2014, Appellant was sentenced by the trial court in case number 2014CR0936. The trial court certified that Appellant has the right of appeal. No notice of appeal or motion for new trial was filed within 30 days of sentencing.

Appellant filed a writ under case number 2014CR0936-W1 seeking the right to file an out-of-time notice of appeal in case number 2014CR0936. He was successful. The Court of Criminal Appeals granted relief and directed Appellant to file his notice of appeal with the trial court clerk by May 1, 2015.

On April 20, 2015, Appellant timely filed his pro se notice of appeal in case 2014CR0936 (the underlying criminal case). This court assigned Case No. 04-15-00245-CR to the appeal. The undersigned filed the designation of the record and request for the reporter’s record with the clerk of the trial court on April 17, 2015. The clerk’s record was filed with this Court on April 28, 2015. The undersigned filed his docketing statement on May 1, 2015.

The Appellant, through undersigned counsel, intends to proceed with this appeal. It should NOT be dismissed.

Sincerely,

/s/ Richard B. Dulany, Jr. RICHARD B. DULANY, JR. Assistant Public Defender

Cc: Rico Valdez Appellate Chief Bexar County District Attorney’s Office 101 W. Nueva St., Suite 710 San Antonio, TX 78205 (Via electronic service to Jeanette Canales)