Salvador Torres Mijares v. State

• Court: Court of Appeals of Texas
• Decided: April 11, 2018
• Docket: 09-18-00090-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00090-CR ____________________

SALVADOR TORRES MIJARES, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 17-27313 ________________________________________________________ _____________

MEMORANDUM OPINION

The trial court sentenced Salvador Torres Mijares on January 8, 2018. In a

criminal case, the appeal must be filed within thirty days of the date the sentence is

imposed, or within ninety days if the defendant timely files a motion for new trial.

Tex. R. App. P. 26.2(a)(1). Mijares did not file a motion for new trial within thirty

days of sentencing. Therefore, his notice of appeal was due to be filed on February

7, 2018. Mijares filed a notice of appeal on March 5, 2018. We notified the parties

that Mijares filed his notice of appeal too late to perfect an appeal. See Tex. R. App.

1 P. 25.2(b) (“In a criminal case, appeal is perfected by timely filing a sufficient notice

of appeal.”). No response has been filed.

The Court finds that the notice of appeal was not timely filed. See Tex. R.

App. P. 26.2(a)(1). Mijares also did not file a motion for extension of time to file his

appeal. See Tex. R. App. P. 26.3. “If a notice of appeal is not timely filed, the court

of appeals has no option but to dismiss the appeal for lack of jurisdiction.” Castillo

v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). Accordingly, we dismiss the

appeal for lack of jurisdiction

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on April 10, 2018 Opinion Delivered April 11, 2018 Do Not Publish

Before McKeithen, C.J., Horton and Johnson, JJ.