Aaron Isaac Benavidez v. the State of Texas ( 2021 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00075-CR
Aaron Isaac BENAVIDEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. NM582054
Honorable Ron Rangel, Judge Presiding
PER CURIAM
Sitting: Irene Rios, Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: May 5, 2021
DISMISSED FOR LACK OF JURISDICTION
Appellant Aaron Isaac Benavidez attempts to appeal a November 16, 2020 order
dismissing a criminal action. Appellant’s notice of appeal was due on December 16, 2020. See
TEX. R. APP. P. 26.2(a) (providing that, absent a timely motion for new trial, a defendant’s notice
of appeal is due within 30 days after the trial court enters an appealable order). However, appellant
did not file his notice of appeal until February 24, 2021. Additionally, appellant never filed a
motion for extension of time to file his notice of appeal. See id. 26.3 (stating an appellate court
04-21-00075-CR
may extend the time to file a notice of appeal when a notice of appeal and a motion for extension
of time are filed within 15 days after the deadline for filing the notice of appeal).
“A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction.” Olivo v.
State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered
timely so as to invoke the appellate court’s jurisdiction if (1) it is filed within fifteen days of the
last day allowed for filing, (2) a motion for extension of time is filed in the appellate court within
fifteen days of the last day allowed for filing the notice of appeal, and (3) the appellate court grants
the motion for extension of time. Id. Appellant has not met these requirements. See id.We informed appellant of our lack of jurisdiction and gave him an opportunity to file a
response. Appellant has not filed a response. Accordingly, we dismiss this appeal for lack of
jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-