Ventura Reyes Alvarado v. State

• Court: Court of Appeals of Texas
• Decided: December 22, 2015
• Docket: 04-15-00790-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas December 22, 2015

No. 04-15-00790-CR

Ventura Reyes ALVARADO, Appellant

v.

The STATE of Texas, Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR9646 Honorable Lorina I. Rummel, Judge Presiding

ORDER

The trial court imposed sentence on October 29, 2015, and appellant did not file a motion for new trial. Because appellant did not file a timely motion for new trial, the deadline for filing a notice of appeal was November 30, 2015 – November 28, 2015 was a Saturday See TEX. R. APP. P. 26.2(a)(1). A notice of appeal was not filed until December 7, 2015, and appellant did not timely file a motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3.

We therefore ORDER appellant to file a written response in this court on or before January 21, 2016 showing why this appeal should not be dismissed for lack of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals’ jurisdiction). If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed for want of jurisdiction. If a supplemental clerk’s record is required to show jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All deadlines in this matter are suspended until further order of the court.

We order the clerk of this court to serve a copy of this order on all counsel and the court reporter. _________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of December, 2015.

___________________________________ Keith E. Hottle Clerk of Court