Lissette Fuentes v. State

• Court: Court of Appeals of Texas
• Decided: October 16, 2018
• Docket: 04-18-00704-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas October 16, 2018

No. 04-18-00704-CR

Lissette FUENTES, Appellant

v.

The STATE of Texas, Appellee

From the 229th Judicial District Court, Starr County, Texas Trial Court No. 16-CRS-318 The Honorable Everardo Garcia, Judge Presiding

ORDER The trial court imposed sentence on June 12, 2018. Because appellant timely filed a motion for new trial on July 11, 2018, the notice of appeal was due to be filed on September 10, 2018. See TEX. R. APP. P. 26.2(a). A notice of appeal was not filed until September 27, 2018, and appellant did not timely file a motion for extension of time to file the notice of appeal. See id. R. 26.3.

We therefore ORDER appellant to file a written response in this court on or before November 15, 2018 showing why this appeal should not be dismissed for lack of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals’ jurisdiction). If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed for want of jurisdiction. If a supplemental clerk’s record is required to show jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All deadlines in this matter are suspended until further order of the court.

We order the clerk of this court to serve a copy of this order on all counsel and the court reporter.

_________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of October, 2018.

___________________________________ Keith E. Hottle Clerk of Court