Benito Garza Jr. v. State ( 2018 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-18-00254-CR
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BENITO GARZA JR., Appellant
V.
THE STATE OF TEXAS, Appellee
_______________________________________________________ ______________
On Appeal from the 435th District Court
Montgomery County, Texas
Trial Cause No. 17-01-01105-CR
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MEMORANDUM OPINION
The trial court sentenced Benito Garza Jr. on September 14, 2017. In a
criminal case, the notice of appeal must be filed within thirty days of the date the
sentence is imposed, or within ninety days if the defendant timely files a motion for
new trial. Tex. R. App. P. 26.2(a). Garza’s notice of appeal was signed on May 29,
2018, postmarked on June 4, 2018, and filed on June 28, 2018. Garza did not file a
motion for extension of time to file his notice of appeal. See Tex. R. App. P. 26.3.
We notified the parties that Garza filed his notice of appeal too late to perfect an
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appeal. See Tex. R. App. P. 25.2(b) (“In a criminal case, appeal is perfected by timely
filing a sufficient notice of appeal.”). Garza did not respond to this Court’s notice.
Garza failed to file a notice of appeal within the time permitted for perfecting
an appeal. See Tex. R. App. P. 26.2(a). “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.”
Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). Accordingly, we
dismiss the appeal for lack of jurisdiction.
APPEAL DISMISSED.
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HOLLIS HORTON
Justice
Submitted on August 14, 2018
Opinion Delivered August 15, 2018
Do Not Publish
Before Kreger, Horton and Johnson, JJ.
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