Munoz, Manuel G.

• Court: Court of Appeals of Texas
• Decided: February 23, 2015
• Docket: PD-0204-15
• Status: Published

Opinion

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MEMORANDUM OPINION

No. 04-14-00877-CR

Manuel G. MUNOZ, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR2011 Honorable Lori I. Valenzuela, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice

Delivered and Filed: January 28, 2015

DISMISSED FOR LACK OF JURISDICTION

Manuel Munoz entered into a plea bargain with the State, pursuant to which he pleaded

nolo contendere to the offense of failing to stop and render aid. The trial court imposed sentence

in accordance with the plea bargain on October 17, 2014. Munoz's pro se motion for new trial

filed December 15, 2014, was nottimely. See Tex. R. App. P. 21.4(a) (stating thatmotion for new

trial in criminal case must be filed not later than thirty days after date trial court imposes or

suspends sentence in open court). The deadline for filing a notice of appeal was therefore November 17, 2014. See TEX. R. APP. P. 26.2(a)(1). The envelope containing Munoz's notice of 04-14-00877-CR

appeal is post-marked December 12, 2014, and the notice was file-stamped bythe district clerk on

December 15, 2014. Munoz did not file a motion for extension of time to file the notice of appeal.

See TEX. R. App. P. 26.3.

We notified Munoz that the record raised an issue regarding our jurisdiction over the appeal

and ordered a response showing the appeal was timely filed. Munoz's court-appointed appellate

counsel filed a response in which he agrees the notice of appeal was not timely filed.

Because the notice of appeal in this case was not 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 ifappeal is not timely perfected, court ofappeals does not obtain jurisdiction to address merits ofappeal, 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 ofAppeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ ofhabeas corpus pursuant to article 11.07 ofthe Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss this appeal for lack of

jurisdiction.

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