Rosie Strait v. State

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-14-00613-CR

Rosie STRAIT,

Appellant

v.

The STATE of Texas,

Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR0657W Honorable Philip A. Kazen Jr., Judge Presiding

PER CURIAM

Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice

Delivered and Filed: October 22, 2014 MOTION DENIED AS MOOT; DISMISSED FOR WANT OF JURISDICTION On August 25, 2014, appellant Rosie Strait filed a “Motion for Leave to File Late Notice of Appeal” with the district clerk. That document, along with the trial court’s “Certificate of Notice of Appeal to the Fourth Court of Appeals” was filed in this court on August 29, 2014. However, no notice of appeal appeared to have been filed in the trial court or in this court.

This court’s jurisdiction is invoked by the timely filing of a notice of appeal. Johnson v.

State, 84 S.W.3d 658, 667 (Tex. Crim. App. 2002); Finch v. State, 66 S.W.3d 323, 324 (Tex. App.—Fort Worth 2001, no pet.); TEX. R. APP. P. 25.2(b). Because it appeared appellant did not

04-14-00613-CR

file a notice of appeal, we ordered her to file a written response in this court on or before October 6, 2014, establishing that she timely filed a notice of appeal and thereby invoked this court’s jurisdiction. We advised that if appellant failed to satisfactorily respond within the time provided, the appeal would be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). Appellant did not file a response.

Accordingly, we hold appellant has failed to invoke this court’s jurisdiction, and we: (1)

deny her motion for leave to file late notice of appeal as moot, and (2) dismiss the appeal. See Johnson, 84 S.W.3d at 667; Finch, 66 S.W.3d at 324; TEX. R. APP. P. 25.2(b).

PER CURIAM

Do Not Publish