John Anthony Monaco v. The State of TexasAppeal from 144th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00096-CR John Anthony MONACO, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2010CR12627 Honorable Angus McGinty, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: March 19, 2014 DISMISSED FOR WANT OF JURISDICTION On November 7, 2013, Appellant John Anthony Monaco was sentenced to ten years confinement in the Texas Department of Criminal Justice Institutional Division in trial court cause number 2010CR12627. On December 6, 2013, Appellant timely filed a motion for new trial. See TEX. R. CIV. P. 329b(a). Appellant s notice of appeal was due not later than February 5, 2014. See TEX. R. APP. P. 26.2(a); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Appellant s motion for extension of time to file a notice of appeal was due not later than February 20, 2014. See TEX. R. APP. P. 26.3; Olivo, 918 S.W.2d at 522. The clerk s record shows 04-14-00096-CR Appellant s notice of appeal was filed on February 7, 2014; it does not show a motion for extension of time to file a notice of appeal was filed. See TEX. R. APP. P. 26.3. On February 20, 2014, we ordered Appellant to show cause in writing by March 3, 2014, why this appeal should not be dismissed for want of jurisdiction. To date, this court has not received any response to our February 20, 2014 order. Absent a timely-filed, written notice of appeal of a criminal conviction, this court lacks jurisdiction over the appeal. Olivo, 918 S.W.2d at 522 ( A timely notice of appeal is necessary to invoke a court of appeals jurisdiction. ); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988). This appeal is dismissed for want of jurisdiction. PER CURIAM DO NOT PUBLISH -2-

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