Melchor Hawkins Jr. v. State

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-18-00416-CR

Melchor HAWKINS, Jr.,

Appellant

v.

The STATE of Texas,

Appellee

From the 79th Judicial District Court, Jim Wells County, Texas Trial Court No. 06-01-11872CR Honorable Robert C. Pate, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: August 22, 2018 DISMISSED FOR LACK OF JURISDICTION On December 27, 2017, appellant filed a notice of appeal complaining of the trial court’s “Order of Dismissal for Lack of Subject Matter Jurisdiction” signed on September 15, 2017. 1 Absent a timely motion for new trial, the notice of appeal was due October 16, 2017. See TEX. R. APP. P. 26.2(a)(1). Appellant’s notice of appeal was thus filed over two months late. Absent a timely notice of appeal, this court lacks jurisdiction over the appeal. See Slaton v. State, 981

1 Appellant states in his notice of appeal that he is appealing cause numbers 06-01-11872CR and 06-01-11867CR; however, the order of dismissal only pertains to cause number 06-01-11872CR.

04-18-00416-CR

S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

Accordingly, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant filed a response but failed to demonstrate that our jurisdiction has been invoked. Accordingly, we dismiss the appeal for lack of jurisdiction.

PER CURIAM

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