Fidel Castillo v. The State of TexasAppeal from 186th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00595-CR Fidel CASTILLO, Appellant v. The STATE of The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2012CR2204 Honorable Dick Alcala, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: October 9, 2013 DISMISSED FOR WANT OF JURISDICTION The trial court imposed sentence on May 24, 2013, and appellant timely filed a motion for new trial on June 21, 2013. See TEX. R. APP. P. 21.4(a). Therefore, the deadline for filing a notice of appeal was August 22, 2013. See TEX. R. APP. P. 26.2(a)(2). A notice of appeal was not filed until August 30, 2013, and appellant did not file a motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3. According to appellant s appointed counsel, and our review of the clerk s record, there is no envelope containing a postmark with regard to the filing of the notice of appeal. 04-13-00595-CR Because the notice of appeal appeared to be late, we issued on order on September 17, 2013, advising appellant the appeal would be dismissed unless appellant established the notice of appeal was timely filed by mail or otherwise established why the appeal should not be dismissed for want of jurisdiction. Appellant s counsel has filed a response in which he agrees the notice of appeal is untimely and this court lacks jurisdiction. Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-oftime appeals from felony convictions). Accordingly, we dismiss this appeal for want of jurisdiction. PER CURIAM Do Not Publish -2-

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