Ryan M. Carranza v. State ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-20-00155-CR
Ryan M. Carranza, Appellant
v.
The State of Texas, Appellee
FROM THE 274TH DISTRICT COURT OF HAYS COUNTY
NO. CR-06-513-C, THE HONORABLE GARY L. STEEL, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Ryan M. Carranza has filed a notice of appeal from a judgment
revoking community supervision for the offense of assault of a public servant. See Tex. Penal
Code § 22.01. This Court’s appellate jurisdiction in a criminal case is invoked by a timely filed
notice of appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Rule 26.2 of
the Texas Rules of Appellate Procedure provides that an appeal is perfected in a criminal case
when a notice of appeal is filed within thirty days after the day sentence is imposed or suspended
in open court or within ninety days after sentencing, if the defendant timely files a motion for
new trial. Tex. R. App. P. 26.2(a)(1)-(2).
In this case, the trial court imposed sentence on November 18, 2019, and Carranza
timely filed a motion for new trial on December 17, 2019. See R. 21.4(a) (motion for new trial
must be filed no later than thirty days after date trial court imposes or suspends sentence in open
court). Consequently, Carranza’s deadline to file his notice of appeal was February 18, 2020,
and Carranza filed his notice of appeal on February 21, 2020.
Absent a timely filed notice of appeal, we lack jurisdiction to dispose of this
appeal in any manner other than dismissing it for want of jurisdiction. See Castillo v. State,
369 S.W.3d 196, 198 (Tex. Crim. App. 2012). Accordingly, we dismiss the appeal for want
of jurisdiction.1
__________________________________________
Chari L. Kelly, Justice
Before Justices Goodwin, Kelly, and Smith
Dismissed for Want of Jurisdiction
Filed: April 30, 2020
Do Not Publish
1
The remedy for a late-filed notice of appeal is to file a post-conviction writ of habeas
corpus returnable to the Texas Court of Criminal Appeals for consideration of an out-of-time
appeal. See Tex. Code Crim. Proc. art. 11.07.
2