Terrell Anthony Chase v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 25, 2023
• Docket: 04-23-00833-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00833-CR

Terrell Anthony CHASE, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2020CR6099C Honorable Joel Perez, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: October 25, 2023

DISMISSED FOR LACK OF JURISDICTION

The trial court imposed sentence on Terrell Anthony Chase on July 18, 2023. Because

Chase did not file a motion for new trial, the deadline for filing a notice of appeal was August 17,

2023, and the deadline for filing a motion for extension of time to file a notice of appeal was

September 1, 2023. See TEX. R. APP. P. 26.2(a), 26.3. Chase did not file a notice of appeal until

August 24, 2023, and he did not file a motion for extension of time.

When an appellant files a notice of appeal late and fails to timely file a motion for extension

of time, the appellate court lacks jurisdiction over the appeal. Olivo v. State, 918 S.W.2d 519, 523 04-23-00833-CR

(Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim.

App. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of

habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). In this case,

Chase filed his notice of appeal late, and he failed to timely file a motion for extension of time.

We ordered Chase to show cause why this appeal should not be dismissed for lack of jurisdiction.

Chase did not file a response. Accordingly, this appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH

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