David Cepeda Jones v. The State of Texas--Appeal from County Court at Law No 7 of Bexar County

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i i i i i i 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 PER CURIAM DO NOT PUBLISH -2-

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