Norma Salinas v. The State of Texas Appeal from County Court at Law No 7 of Bexar County (memorandum opinion per curiam)
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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-23-00286-CR NORMA SALINAS, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the County Court at Law No. 7 Bexar County, Texas Trial Court No. 636223, Honorable Melanie Lira, Presiding August 24, 2023 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ. Appellant, Norma Salinas, appeals her conviction for assault of a family or household member 1 and sentence to six months confinement, probated for a period of six months. 2 We dismiss the untimely appeal for want of jurisdiction. 1 See TEX. PENAL CODE ANN. § 22.01(b)(2)(A). Originally appealed to the Fourth Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN. § 73.001. 2 The trial court sentenced Appellant on March 29, 2023. Because Appellant timely filed a motion for new trial, Appellant’s notice of appeal was due within ninety days after sentence was imposed, i.e., by June 27, 2023. See TEX. R. APP. P 26.2(a)(2) (requiring a notice of appeal to be filed within thirty days after sentencing or within ninety days if a timely motion for new trial is filed). Appellant did not file a notice of appeal, however, until July 19, 2023. The timely filing of a written notice of appeal is a jurisdictional prerequisite to hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). If a notice of appeal is untimely, an appellate court has no option but to dismiss the appeal for want of jurisdiction. Id. By letter of August 9, 2023, we notified Appellant of the consequences of her late notice of appeal and directed her to show how the Court has jurisdiction over the appeal. Appellant has filed a response but failed to demonstrate grounds for continuing the appeal. Because Appellant’s untimely notice of appeal prevents this Court from acquiring jurisdiction, we dismiss her appeal for want of jurisdiction. 3 Per Curiam Do not publish. Appellant may be entitled to relief by filing an application for writ of habeas corpus returnable to the Court of Criminal Appeals for consideration of an out-of-time appeal. See TEX. CODE CRIM. PROC. ANN. art. 11.07. 3 2
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