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Date: 08-10-2018

Case Style:

Guillermo Salazar Villanueva v. The State of Texas

Case Number: 03-18-00486-CR

Judge: Jeff Rose

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Plaintiff's Attorney: Ms. Allison Buess
Mr. Joshua D. Presley
The Honorable Stacey M. Soule

Defendant's Attorney: Susan Schoon

Description: Appellant Guillermo Salazar Villanueva has filed a notice of appeal from a
judgment of conviction for evading arrest with a vehicle. See Tex. Penal Code § 38.04(b)(2)(A).
This Court’s appellate jurisdiction in a criminal case is invoked by a timely filed notice of appeal.
See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (“A timely notice of appeal is
necessary to invoke a court of appeals’ jurisdiction.”). In this case, the district court imposed
sentence on May 2, 2018. Rule 26.2 of the Texas Rules of Appellate Procedure provides that an
appeal is perfected in a criminal case when notice of appeal is filed within 30 days after the day
sentence is imposed or suspended in open court or within 90 days after sentencing, if the defendant
timely files a motion for new trial. Tex. R. App. P. 26.2(a)(1)-(2). Thus, the deadline for perfecting
the appeal was June 1, 2018. Villanueva filed his notice of appeal on July 23, 2018. Absent a
timely filed notice of appeal, we lack jurisdiction to dispose of this appeal in any manner other
than by dismissing it for want of jurisdiction. See Castillo v. State, 369 S.W.3d 196, 198 (Tex.
Crim. App. 2012); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).

Outcome: Accordingly, we dismiss the appeal for want of jurisdiction.1

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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