Matthew David Kirk v. The State of Texas Appeal from 216th Judicial District Court of Kerr County (memorandum opinion per curiam)

 Annotate this Case
Download PDF
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-17-00861-CR Matthew David KIRK, Appellant v. The STATE of Texas, Appellee From the 216th Judicial District Court, Kerr County, Texas Trial Court No. A12604 Honorable N. Keith Williams, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: March 7, 2018 DISMISSED FOR WANT OF JURISDICTION The trial court imposed its judgment on October 19, 2017. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on November 20, 2017. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on December 5, 2017. TEX. R. APP. P. 26.3. Appellant did not file his notice of appeal until December 4, 2017, and failed to file a motion for extension of time. On January 4, 2018, this court issued an order directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. 04-17-00861-CR In response, appellant filed a written “motion for continuance” which did not resolve the jurisdictional defect. A late notice of appeal invokes the appellate court’s jurisdiction in a criminal case only if (1) it is filed within fifteen days of the last day allowed for filing the notice of appeal, (2) a motion for extension of time is filed in the court of appeals within the fifteen-day grace period, and (3) the court of appeals grants the motion for extension of time. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Here, the notice of appeal was filed within the fifteen-day grace period, but it was not accompanied by a motion for extension of time. Accordingly, this appeal is dismissed for lack of jurisdiction. Id. PER CURIAM DO NOT PUBLISH -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.