Michael Lopez v. State

• Court: Court of Appeals of Texas
• Decided: July 18, 2014
• Docket: 04-14-00476-CR
• Status: Published

Opinion

The State of TexasAppellee/s

Fourth Court of Appeals San Antonio, Texas July 18, 2014

No. 04-14-00476-CR

Michael LOPEZ, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR1981 Honorable Melisa Skinner, Judge Presiding

ORDER On July 1, 2014, Appellant filed an “Out of Time Notice of Appeal,” stating that he intends to appeal his conviction. According to appellant’s notice of appeal, his sentence was imposed on November 4, 2012. Because the notice of appeal in this case appears to not have been timely filed, we lack jurisdiction to entertain the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address merits of appeal, and court may take no action other than to dismiss appeal; court may not suspend rules to alter time for perfecting appeal); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). We, therefore, ORDER appellant to show cause on or before August 1, 2014 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended until further order of the court.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of July, 2014.

___________________________________ Keith E. Hottle Clerk of Court