Samuel Charles Perkins v. State ( 2017 )


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  •                             Fourth Court of Appeals
    San Antonio, Texas
    January 31, 2017
    No. 04-17-00024-CR
    Samuel Charles PERKINS,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 186th Judicial District Court, Bexar County, Texas
    Trial Court No. CM021772, CM021773, CM021774, CM000409, CM000410, CM021770,
    CM021771, CM022492, CM022493, CM023681, CM023682
    Honorable Andrew Carruthers, Judge Presiding
    ORDER
    On January 12, 2017, Appellant Samuel Charles Perkins filed a motion in this court for
    leave to file a late notice of appeal. His motion lists twelve different magistrate court cause
    numbers, but it does not identify a specific judgment for which he wishes to file a late notice of
    appeal, and the clerk’s record does not appear to contain an appealable order or judgment.
    This court has already dismissed appeals for want of jurisdiction in these same cause
    numbers on three separate occasions: 04-15-00756-CR, 04-16-00046-CR, and 04-16-00467-CR.
    We ORDER Appellant to show cause in writing within FIFTEEN DAYS of the date of
    this order why this appeal should not be dismissed for want of jurisdiction. If Appellant fails to
    show cause in writing as ordered, this appeal will be dismissed. See Castillo v. State, 
    369 S.W.3d 196
    , 198 (Tex. Crim. App. 2012) (citing Olivo v. State, 
    918 S.W.2d 519
    , 522 (Tex. Crim.
    App. 1996)) (“If a notice of appeal is not timely filed, the court of appeals has no option but to
    dismiss the appeal for lack of jurisdiction.” (emphasis added)); Apolinar v. State, 
    820 S.W.2d 792
    , 794 (Tex. Crim. App. 1991) (“The courts of appeals do not have jurisdiction to review
    interlocutory orders unless that jurisdiction has been expressly granted by law.”); see also
    Ragston v. State, 
    424 S.W.3d 49
    , 52 (Tex. Crim. App. 2014) (“There is no constitutional or
    statutory authority granting the courts of appeals jurisdiction to hear interlocutory appeals
    regarding excessive bail or the denial of bail.”); Sanchez v. State, 
    340 S.W.3d 848
    , 852 (Tex.
    App.—San Antonio 2011, no pet.) (holding court of appeals lacked jurisdiction over appeal of
    pretrial order on motion for reduction of bond); Bridle v. State, 
    16 S.W.3d 906
    , 908 (Tex.
    App.—Fort Worth 2000, no pet.) (dismissing appeal for lack of jurisdiction because appeal of
    order regarding condition of pretrial bond was not appealable).
    All other appellate deadlines are SUSPENDED pending further order of this court.
    _________________________________
    Patricia O. Alvarez, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 31st day of January, 2017.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-17-00024-CR

Filed Date: 1/31/2017

Precedential Status: Precedential

Modified Date: 2/8/2017