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

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00295-CR Luis Manuel AGUILAR, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR7357W Honorable Catherine Torres-Stahl, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Beth Watkins, Justice Liza A. Rodriguez, Justice Delivered and Filed: July 3, 2019 DISMISSED FOR LACK OF JURISDICTION The trial court imposed sentence in the underlying cause on October 1, 2018. Because appellant did not file a motion for new trial, the deadline for filing his notice of appeal was October 31, 2018. See id. R. 26.2(a)(1). A notice of appeal was not filed until May 6, 2019, and appellant did not timely file a motion for extension of time to file the notice of appeal. 1 See TEX. R. APP. P. 26.3. The clerk’s record contains a pro se motion for leave to file a late notice of appeal. However, it was filed May 6, 2019, well beyond the due date of November 15, 2018. See TEX. R. APP. P. 26.3 (stating appellate court may extend 1 04-19-00295-CR By order dated May 13, 2019, appellant was ordered to show cause in writing by June 12, 2019, why we should not dismiss this appeal for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals’ jurisdiction). Appellant did not respond to our order. Because appellant’s notice of appeal was untimely filed, this appeal is dismissed for lack of jurisdiction. See id. PER CURIAM DO NOT PUBLISH time to file notice of appeal if within fifteen days after deadline party files notice of appeal and motion to extend time to file notice of appeal). -2-

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