Roger Soliz v. The State of Texas Appeal from 175th Judicial District Court of Bexar County (memorandum opinion per curiam)

Annotate this Case
Download PDF
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00113-CR Roger SOLIZ, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR0755B Honorable Mary D. Roman, Judge Presiding PER CURIAM Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice Delivered and Filed: April 24, 2019 DISMISSED FOR LACK OF JURISDICTION Appellant attempts to appeal from an order denying his motion for post-conviction DNA testing. Because the trial court signed the order on January 14, 2019, appellant’s notice of appeal was due to be filed on or before February 13, 2019. See TEX. R. APP. P. 26.2(a)(1). However, appellant did not file his notice of appeal until February 21, 2019. Furthermore, appellant did not timely file a motion for extension of time to file his notice of appeal. See id. R. 26.3. A timely notice of appeal is necessary to invoke this court’s jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding that if an appeal is not timely 04-19-00113-CR perfected, the court of appeals has no jurisdiction to address the appeal’s merits and can take no action other than to dismiss the appeal). We notified appellant that his notice of appeal was untimely and ordered him to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant filed a response, but it fails to demonstrate this court’s jurisdiction over this appeal. Accordingly, we dismiss this appeal for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-