Ray Martin Ruiz v. State

• Court: Court of Appeals of Texas
• Decided: January 31, 2019
• Docket: 04-18-00942-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas January 31, 2019

No. 04-18-00942-CR

Ray Martin RUIZ, Appellant

v.

The STATE of Texas, Appellee

From the 216th Judicial District Court, Gillespie County, Texas Trial Court No. 6537 Honorable N. Keith Williams, Judge Presiding

ORDER The trial court imposed sentence in Cause No. 6537 on October 31, 2018. The motion for new trial was due to be filed on November 30, 2018. See TEX. R. APP. P. 21.4(A). Appellant filed a pro se motion for new trial on December 3, 2018. Because appellant did not timely file a motion for new trial, the notice of appeal was also due to be filed on November 30, 2018. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on December 15, 2018. TEX. R. APP. P. 26.3. Appellant filed a pro se notice of appeal on December 3, 2018, but did not file a motion for extension of time. Because appellant did not timely file a notice of appeal or file a motion for extension of time, we lack jurisdiction over this appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

We, therefore, ORDER appellant to show cause on or before February 15, 2019 why this appeal should not be dismissed for lack of jurisdiction.

_________________________________ Irene Rios, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of January, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court