Victor Moreno v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 19, 2024
• Docket: 07-24-00236-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00236-CR No. 07-24-00237-CR

VICTOR MORENO, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 242nd District Court Swisher County, Texas Trial Court Nos. A-4582-16-02 & A-4583-16-02, Honorable Kregg Hukill, Presiding

July 19, 2024 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Victor Moreno, appearing pro se, appeals his convictions for aggravated

assault with a deadly weapon1 and burglary of a building.2 The trial court sentenced

Appellant to thirty years of confinement for aggravated assault and to two years of

1 TEX. PENAL CODE ANN. § 22.02(a)(2).

2 TEX. PENAL CODE ANN. § 30.02(c)(1). confinement for burglary, with the sentences to run concurrently. We dismiss the

purported appeals for want of jurisdiction.

The trial court sentenced Appellant on July 27, 2016. Because Appellant did not

timely file a motion for new trial, his notice of appeal was due within thirty days after

sentence was imposed, i.e., by August 26, 2016. See TEX. R. APP. P. 26.2(a). Appellant

filed a notice of appeal with this Court on July 9, 2024.3

The timely filing of a written notice of appeal is a jurisdictional prerequisite to

hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). If a

notice of appeal is not timely filed, a court of appeals has no option but to dismiss the

appeal for want of jurisdiction. Id. Further, this Court has no authority to invoke Rule 2

of the Rules of Appellate Procedure to enlarge the time in which to file a notice of appeal.

Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).

Because Appellant’s notice of appeal was filed untimely, we have no jurisdiction

over the appeals. Accordingly, we dismiss the appeals for want of jurisdiction.4

Per Curiam

Do not publish.

3 Appellant previously attempted to appeal his convictions in 2018, but we dismissed the appeals

for want of jurisdiction because Appellant’s notice of appeal was filed untimely. Moreno v. State, Nos. 07- 18-00123-CR, 07-18-00124-CR, 2018 Tex. App. LEXIS 2948, at *1–2 (Tex. App.—Amarillo Apr. 25, 2018, no pet.) (per curiam) (mem. op., not designated for publication). On July 9, 2024, Appellant filed a letter and “Affidavit” with the Clerk of this Court requesting an appeal from both cases. Accordingly, we have construed the documents as a notice of appeal. 4 Appellant may be entitled to relief by filing an application for writ of habeas corpus returnable to

the Texas Court of Criminal Appeals for consideration of an out-of-time appeal. See TEX. CODE CRIM. PROC. ANN. art. 11.07.