Moses Eli Avila v. State ( 2018 )


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  •                               Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-18-00516-CR
    Moses Eli AVILA,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 144th Judicial District Court, Bexar County, Texas
    Trial Court No. 2017CR7607
    Honorable Lorina I. Rummel, Judge Presiding
    PER CURIAM
    Sitting:          Sandee Bryan Marion, Chief Justice
    Karen Angelini, Justice
    Irene Rios, Justice
    Delivered and Filed: October 3, 2018
    DISMISSED FOR LACK OF JURISDICTION
    The trial court imposed sentence in Cause No. 2017CR7607 on March 20, 2018. Because
    appellant did not file a motion for new trial, the notice of appeal was due to be filed on April 19,
    2018. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was
    due on May 4, 3028. TEX. R. APP. P. 26.3. On July 16, 2018, appellant filed a “Motion for Leave
    to File Late Notice of Appeal/Continuance.”
    Because the notice of appeal in this case was not timely filed, we lack jurisdiction to
    entertain the appeal. See Slaton v. State, 
    981 S.W.2d 208
    , 210 (Tex. Crim. App. 1998) (holding
    04-18-00516-CR
    that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address merits
    of appeal, and court may take no action other than to dismiss appeal; court may not suspend rules
    to alter time for perfecting appeal); Olivo v. State, 
    918 S.W.2d 519
    , 522 (Tex. Crim. App. 1996); 1
    see also Ater v. Eighth Court of Appeals, 
    802 S.W.2d 241
    (Tex. Crim. App. 1991) (explaining that
    writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs
    out-of-time appeals from felony convictions).
    Accordingly, we dismiss this appeal for lack of jurisdiction.
    PER CURIAM
    DO NOT PUBLISH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.” The clerk’s record contains a written plea bargain, and the punishment assessed
    did not exceed the punishment recommended by the prosecutor and agreed to by the defendant; therefore, the trial
    court’s certification accurately reflects that the criminal case is a plea-bargain case. See TEX. R. APP. P. 25.2(a)(2).
    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).
    -2-
    

Document Info

Docket Number: 04-18-00516-CR

Filed Date: 10/3/2018

Precedential Status: Precedential

Modified Date: 10/4/2018