Steven Robles v. The State of Texas Appeal from County Court at Law No. 7 of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00303-CR Steven ROBLES, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 7, Bexar County, Texas Trial Court No. 304370 Honorable Monica Gonzalez, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: May 22, 2019 DISMISSED FOR LACK OF JURISDICTION The trial court imposed sentence in the underlying cause on October 20, 2009. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed November 19, 2009. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on December 4, 2009. TEX. R. APP. P. 26.3. Appellant filed a motion for leave to file late notice of appeal in the trial court on April 8, 2019, which we construe as a notice of appeal. See Harkcom v. State, 484 S.W.3d 432, 434 (Tex. Crim. App. 2016). 04-19-00303-CR A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Because appellant did not file a timely notice of appeal, this court does not have jurisdiction to consider this appeal. Accordingly, the appeal is dismissed for lack of jurisdiction. See id.; see also Bowen v. State, No. 02-18-00028CR, 2018 WL 1414849, at *1 (Tex. App.—Fort Worth Mar. 22, 2018, no pet.) (not designated for publication) (citing authority addressing availability of post-conviction habeas relief in misdemeanor proceedings, including the power to grant an out-of-time appeal). 1 PER CURIAM DO NOT PUBLISH We also note the trial court’s certification in this appeal states that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal must be dismissed if a certification that shows the defendant has a right of appeal has not been made part of the record under these rules.” TEX. R. APP. P. 25.2(d). 1 -2-