State v. Jesus Mario Camacho

• Court: Court of Appeals of Texas
• Decided: July 22, 2004
• Docket: 01-04-00285-CR
• Status: Published

Opinion

Opinion issued July 22, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-04-00285-CR

THE STATE OF TEXAS, Appellant

V.

JESUS MARIO CAMACHO, Appellee

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On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 964537

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MEMORANDUM OPINION

               We lack jurisdiction to hear this State’s appeal. Appellee filed a motion to dismiss the appeal because the State’s notice of appeal was untimely filed. We agree.

               The trial court entered its order granting appellee’s motion to suppress evidence on February 19, 2004. The State’s notice of appeal was therefore due on Friday, March 5, 2004, the fifteenth day following the trial court’s order. Tex. Code Crim. Proc. Ann. art. 44.01(d) (Vernon Pamph. 2004); Tex. R. App. P. 26.2(b). The State filed notice of appeal on Monday, March 8, 2004, three days late. The State did not file a motion for extension of time to file notice of appeal. The State has no right of appeal after the 15-day limit has expired. Irving v. State, 879 S.W.2d 220, 222 (Tex. App.—Houston [14th Dist.] 1994), aff’d on other grounds, 922 S.W.2d 959 (Tex. Crim. App. 1996).

               On June 24, 2004, we requested a response from the State to appellee’s motion to dismiss. The State filed its response on June 29, 2004, conceding that this Court lacks jurisdiction because its notice of appeal was not timely filed.

               Accordingly, appellee’s motion to dismiss the appeal is granted. We hold that the State’s notice of appeal was untimely and fails to vest this Court with jurisdiction.

               We dismiss the appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Nuchia, Alcala, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).