John Canales v. The State of TexasAppeal from 227th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00650-CR John CANALES, Appellant v. The State of The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR8914 Honorable Philip A. Kazen, Jr., Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: October 9, 2013 DISMISSED FOR LACK OF JURISDICTION Defendant pled nolo contendre to possession of a controlled substance PG 1 less than 1 gram and was sentenced within the terms of a plea bargain. The trial court imposed or suspended sentence on July 26, 2013. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed August 26, 2013. Tex. R. App. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on September 9, 2013. Tex. R. App. P. 26.3. Appellant filed notice of appeal on September 23, 2013. Appellant did not file a motion for extension of time. Accordingly, on September 27, 2013, this court ordered appellant to show cause in writing 04-13-00650-CR why this appeal should not be dismissed for lack of jurisdiction. On September 30, 2013, appellant s attorney filed a response conceding this court lacks jurisdiction over the appeal. Accordingly, we dismiss this appeal for lack of jurisdiction. PER CURIAM Do not publish -2-

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