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Moses v. State

Court of Appeals of Texas, Fourth District, San Antonio

December 20, 2013

Taurean Randolph MOSES, Appellant
v.
THE STATE OF TEXAS, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR10305 Honorable Philip A. Kazen, Jr., Judge Presiding

ORDER

Karen Angelini, Justice

A timely notice of appeal is necessary to invoke our jurisdiction. 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). A late notice of appeal may be considered timely so as to invoke our jurisdiction if (1) it is filed in the trial court within fifteen days of the last day allowed for filing; (2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals grants the motion for extension of time. Tex.R.App.P. 26.3.

Here, appellant was sentenced on February 10, 2012. Because appellant did not file a motion for new trial, a notice of appeal was due to be filed on March 11, 2012. Tex.R.App.P. 26.2(a)(1). A motion for extension of time to file a notice of appeal was due on March 26, 2012. Tex.R.App.P. 26.3. The record indicates appellant (1) never filed a notice of appeal and (2) did not file a motion for leave to file a late notice of appeal until December 9, 2013. Appellant's motion for leave to file a late notice of appeal was untimely. See id.

We, therefore, ORDER appellant, Taurean Randolph Moses, to show cause on or before January 10, 2013 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines ...


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