Steven Robles v. State

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00303-CR

Steven ROBLES, Appellant

v.

The STATE of Texas, Appellee

From the County Court at Law No. 7, Bexar County, Texas Trial Court No. 304370 Honorable Monica Gonzalez, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice

Delivered and Filed: May 22, 2019

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence in the underlying cause on October 20, 2009. Because

appellant did not file a motion for new trial, the notice of appeal was due to be filed November 19,

2009. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was

due on December 4, 2009. TEX. R. APP. P. 26.3. Appellant filed a motion for leave to file late

notice of appeal in the trial court on April 8, 2019, which we construe as a notice of appeal. See

Harkcom v. State, 484 S.W.3d 432, 434 (Tex. Crim. App. 2016). 04-19-00303-CR

A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See Olivo

v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Because appellant did not file a timely

notice of appeal, this court does not have jurisdiction to consider this appeal. Accordingly, the

appeal is dismissed for lack of jurisdiction. See id.; see also Bowen v. State, No. 02-18-00028-

CR, 2018 WL 1414849, at *1 (Tex. App.—Fort Worth Mar. 22, 2018, no pet.) (not designated for

publication) (citing authority addressing availability of post-conviction habeas relief in

misdemeanor proceedings, including the power to grant an out-of-time appeal). 1

DO NOT PUBLISH

1 We also note the trial court’s certification in this appeal states that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d).

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