Steven Christopher Muniz v. State

• Court: Court of Appeals of Texas
• Decided: January 31, 2007
• Docket: 04-06-00837-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-06-00837-CR

Steven Christopher MUNIZ,

Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law No. 8, Bexar County, Texas

Trial Court No. 942538

Honorable Karen Crouch, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Steven C. Hilbig, Justice

Delivered and Filed: January 31, 2007

DISMISSED FOR LACK OF JURISDICTION

On March 22, 2006, the trial court sentenced Steven Christopher Muniz to serve six months in the Bexar County jail, suspended the sentence, and placed Muniz on community supervision. Muniz did not file a motion for new trial. On August 18, 2006, the trial court modified the terms of Muniz's community supervision. On November 30, 2006, Muniz filed a pro se notice of appeal.

Unless a timely motion for new trial is filed, a notice of appeal must be filed within thirty days after the day sentence is imposed or suspended or the appealable order is entered. Tex. R. App. P. 26.2(a). A timely notice of appeal is required to invoke this court's jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

Because Muniz's notice of appeal was not filed within thirty days of the date sentence was suspended or an appealable order was entered, we ordered him to show cause why this appeal should not be dismissed for want of jurisdiction. Muniz's court-appointed appellate counsel has filed a response that does not address the jurisdiction issue but states that after reviewing the record she "can find no right of appeal for [Muniz]." Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. See Olivo, 918 S.W.2d at 522. Accordingly, we dismiss this appeal for want of jurisdiction.

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