Robert G. Flores v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 5, 2024
• Docket: 04-24-00203-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00203-CR

Robert G. FLORES, Appellant

v.

The STATE of Texas, Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR4663 Honorable Michael E. Mery, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: June 5, 2024

DISMISSED FOR LACK OF JURISDICTION

On November 9, 2021, appellant pled nolo contendere to possession of a firearm by a felon

and was placed on community supervision for three years. On February 1, 2024, the trial court

revoked appellant’s community supervision and sentenced him to three years in prison. Because

appellant did not file a motion for new trial, his notice of appeal was due by March 4, 2024. See

TEX. R. APP. P. 26.2(a)(1); R. 4.1(a). A motion for extension of time to file appellant’s notice of

appeal was due by March 19, 2023. See TEX. R. APP. P. 26.3. However, appellant did not file his 04-24-00203-CR

notice of appeal until March 21, 2024. Furthermore, appellant did not file a motion for extension

of time to file his notice of appeal.

A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See Olivo

v. State, 918 S.W.3d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered

timely so as to invoke a court of appeals’ jurisdiction if (1) it is filed within fifteen days of the last

day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within

fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals

grants the motion for extension of time. Id.

On April 3, 2024, we ordered appellant to show cause in writing by May 3, 2024 why this

appeal should not be dismissed for lack of jurisdiction. Appellant did not file a response to our

order. Because appellant did not timely file his notice of appeal and did not timely file a motion

for extension of time to file his notice of appeal, we have no choice but to dismiss this appeal for

lack of jurisdiction. See id.; Perkins v. State, No. 04-22-00398-CR, 2022 WL 3372418, at *1 (Tex.

App.—San Antonio Aug. 17, 2022, no pet.) (not designated for publication) (dismissing appeal

when appellant filed an untimely notice of appeal and failed to file a motion for extension of time

to file a notice of appeal).

DO NOT PUBLISH

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