David Cepeda Jones v. State ( 2010 )

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MEMORANDUM OPINION
No. 04-10-00393-CR
David Cepeda JONES,
Appellant
v.
STATE of Texas,
Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 928953
Honorable Monica Guerrero, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: July 7, 2010
DISMISSED FOR LACK OF JURISDICTION
On June 23, 2005, appellant was charged with the offense of assault causing bodily injury.
On June 9, 2006, the State moved to dismiss the cause. On the same day, the trial court granted the
State’s motion and dismissed the cause. On April 21, 2010, almost four years after the cause was
dismissed, appellant filed a notice of appeal.
We ordered appellant to show cause why this appeal should not be dismissed for lack of
jurisdiction. First, unless specifically authorized by rule, statute, or constitutional provision, an
04-10-00393-CR
appellate court has jurisdiction to consider an appeal by a criminal defendant only from a final
judgment of conviction. Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008); Workman
v. State, 343 S.W.2d 446, 447 (Tex. Crim. App. 1961). Second, appellant’s notice of appeal is
untimely. See TEX . R. APP . P. 26.2(a) (requiring a defendant’s notice of appeal to be filed within 30
days after the day sentence is imposed or suspended in open court, or after the day the trial court
enters an appealable order). Appellate courts lack jurisdiction over an appeal absent a timely notice
of appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d
519, 522 (Tex. Crim. App. 1996). Appellant filed a response to our show cause order; however, his
response does not provide a basis upon which this court may exercise jurisdiction over this appeal.
We, therefore, dismiss this appeal lack of jurisdiction. All pending motions are denied as moot.
PER CURIAM
DO NOT PUBLISH
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