Ruben Arcadio Ramirez v. the State of Texas

• Court: Texas Court of Appeals, 4th District (San Antonio)
• Decided: June 24, 2026
• Docket: 04-26-00281-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00281-CR

Ruben Arcadio RAMIREZ, Appellant

v.

The STATE of Texas, Appellee

From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2024-CR-008016 Honorable Frank J. Castro, Judge Presiding

PER CURIAM

Sitting: Adrian A. Spears II, Justice H. Todd McCray, Justice Velia J. Meza, Justice

Delivered and Filed: June 24, 2026

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on February 5, 2026. Because appellant did not timely

file a motion for new trial, the notice of appeal was due to be filed on March 9, 2026. See TEX. R.

APP. P. 26.2(a)(1). Appellant did not file a notice of appeal until March 31, 2026.

A timely notice of appeal is necessary to invoke the jurisdiction of this court. Taylor v.

State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014). “A defendant’s notice of appeal is timely if filed

within thirty days after the day sentence is imposed or suspended, or within ninety days after 04-26-00281-CR

sentencing if the defendant timely files a motion for new trial.” Id. (citing TEX. R. APP. P.

26.2(a)(1)). If an appeal is not timely perfected, we do not obtain jurisdiction to address the merits

of the appeal and can take no action other than to dismiss the appeal for lack of jurisdiction. Slaton

v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).

Because appellant did not timely file a notice of appeal, we ordered him to show cause why

this appeal should not be dismissed for lack of jurisdiction. Appellant filed a response, but it does

not demonstrate our jurisdiction over this appeal. Accordingly, we dismiss this appeal for lack of

jurisdiction. See Taylor, 424 S.W.3d at 43; see also Ater v. Eighth Court of Appeals, 802 S.W.2d

241, 243 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought

by filing writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure).

DO NOT PUBLISH

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