Salvador Salinas v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 10, 2024
• Docket: 04-24-00065-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00065-CR

Salvador SALINAS, Appellant

v.

The STATE of Texas, Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR12815 Honorable Michael E. Mery, Judge Presiding

PER CURIAM

Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice

Delivered and Filed: April 10, 2024

DISMISSED FOR LACK OF JURISDICTION

Appellant Salvador Salinas seeks to appeal the trial court’s judgment adjudicating him

guilty. A timely notice of appeal is necessary to invoke this court’s jurisdiction. See Olivo v. State,

918 S.W.2d 519, 522 (Tex. Crim. App. 1996). The clerk’s record shows the trial court adjudicated

Salinas guilty and imposed a sentence of five years’ confinement on December 12, 2023. His

notice of appeal was therefore due by January 11, 2024, or a motion for extension of time due

fifteen days later on January 26, 2024. See TEX. R. APP. P. 26.2(a)(1), 26.3. Salinas’s notice of

appeal is file-stamped January 29, 2024, and there is nothing in the record indicating Salinas filed 04-24-00065-CR

a motion for an extension of time or received an extension in order to timely file his notice of

appeal. See id. R. 26.3; see also Olivo, 918 S.W.2d at 522.

Because it appeared the notice of appeal was untimely filed, we ordered Salinas to show

cause in writing why this appeal should not be dismissed for lack of jurisdiction. We admonished

Salinas that a failure to satisfactorily respond to this court’s order within the time provided would

result in the dismissal of the appeal. We further admonished Salinas if a supplemental clerk’s

record is necessary to show this court’s jurisdiction, he had the burden to request the trial court

clerk to prepare the record and must file a copy of any such request with this court.

Salinas did not file a response. Accordingly, we dismiss this appeal for lack of jurisdiction.

See Olivo, 918 S.W.2d at 522; 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DO NOT PUBLISH

-2-