Kendell Marzell Johnson v. The State of Texas Appeal from 399th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00192-CR Kendell Marzell JOHNSON, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2019CR4119 Honorable Frank J. Castro, Judge Presiding PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice Delivered and Filed: June 16, 2021 DISMISSED FOR LACK OF JURISDICTION Kendell Markell Johnson seeks to appeal the trial court’s judgment convicting him of burglary of a habitation. The trial court imposed sentence on December 11, 2020. Johnson did not file a motion for new trial and his deadline for filing a notice of appeal was therefore January 11, 2021. See TEX. R. APP. P. 26.2(a)(1). The clerk’s record contains a notice of appeal file-stamped May 13, 2021. The envelope in which the notice of appeal was mailed bears a postmark of April 29, 2021. Johnson’s motion for appointment of appellate counsel, received by the trial court clerk 04-21-00192-CR the same day, contains a certificate of service dated April 27, 2021. Johnson did not file a timely motion for extension of time to file the notice of appeal. See TEX. R. APP. P. 26.3. On May 21, 2021, we notified Johnson that the record raised an issue regarding our jurisdiction over the appeal and ordered him to file a response showing the appeal was timely filed. Johnson filed a response acknowledging the notice of appeal was not timely filed. Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address merits of appeal, and court may take no action other than to dismiss appeal; court may not suspend rules to alter time for perfecting appeal); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss this appeal for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-
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