Kendell Marzell Johnson v. the State of Texas

Court of Appeals of Texas

Kendell Marzell Johnson v. the State of Texas

DecidedMay 21, 2021

Docket04-21-00192-CR

StatusPublished

This text of Kendell Marzell Johnson v. the State of Texas (Kendell Marzell Johnson v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kendell Marzell Johnson v. the State of Texas, (Tex. Ct. App. 2021).

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Fourth Court of Appeals San Antonio, Texas May 21, 2021

No. 04-21-00192-CR

Kendell Marzell JOHNSON, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR4119 Honorable Frank J. Castro, Judge Presiding

ORDER

Kendell Markell Johnson seeks to appeal the trial court’s judgment convicting him of burglary of a habitation. The trial court imposed sentence on December 11, 2020. Johnson did not file a motion for new trial and his deadline for filing a notice of appeal was therefore January 11, 2021. TEX. R. APP. P. 26.2(a)(1). The clerk’s record contains a notice of appeal file-stamped May 13, 2021. The envelope in which the notice of appeal was mailed bears a postmark of April 29, 2021. Johnson's motion for appointment of appellate counsel, received by the trial court clerk the same day, contains a certificate of service dated April 27, 2021. Johnson did not file a timely motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3.

We therefore order a response due June 10, 2021, establishing that the notice of appeal was timely filed by mail or otherwise showing cause why this appeal should not be dismissed for want of jurisdiction. See Taylor v. State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014) (stating timely notice of appeal is necessary to invoke court of appeals’ jurisdiction and holding pro se inmate's pleading is deemed filed at the time prison authorities duly receive document to be mailed). If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. If a supplemental clerk’s record is necessary to show this court’s jurisdiction, appellant has the burden to request the trial court clerk to prepare the record, identifying the additional pleadings and orders requested, and must file a copy of any such request with this court. _________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of May, 2021.

___________________________________ Michael A. Cruz, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas May 21, 2021

No. 04-21-00192-CR

Kendell Marzell JOHNSON, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR4119 Honorable Frank J. Castro, Judge Presiding

ORDER

Kendell Markell Johnson seeks to appeal the trial court’s judgment convicting him of burglary of a habitation. The trial court imposed sentence on December 11, 2020. Johnson did not file a motion for new trial and his deadline for filing a notice of appeal was therefore January 11, 2021. TEX. R. APP. P. 26.2(a)(1). The clerk’s record contains a notice of appeal file-stamped May 13, 2021. The envelope in which the notice of appeal was mailed bears a postmark of April 29, 2021. Johnson's motion for appointment of appellate counsel, received by the trial court clerk the same day, contains a certificate of service dated April 27, 2021. Johnson did not file a timely motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3.

We therefore order a response due June 10, 2021, establishing that the notice of appeal was timely filed by mail or otherwise showing cause why this appeal should not be dismissed for want of jurisdiction. See Taylor v. State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014) (stating timely notice of appeal is necessary to invoke court of appeals’ jurisdiction and holding pro se inmate's pleading is deemed filed at the time prison authorities duly receive document to be mailed). If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. If a supplemental clerk’s record is necessary to show this court’s jurisdiction, appellant has the burden to request the trial court clerk to prepare the record, identifying the additional pleadings and orders requested, and must file a copy of any such request with this court. _________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of May, 2021.

___________________________________ Michael A. Cruz, Clerk of Court

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