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Date: 01-11-2018

Case Style:

John Paul Sierra v. The State of Texas

San Antonio police arrest suspect in West Side child trafficking

Case Number: 04-17-00856-CR

Judge: Sandee Bryan Marion

Court: Fourth Court of Appeals San Antonio, Texas

Plaintiff's Attorney: Nicholas A. LaHood

Defendant's Attorney: Michael Stephen Raign

Description: The trial court imposed sentence on John Paul Sierra on November 16, 2015, and Sierra
did not file a motion for new trial. The deadline for filing a notice of appeal was therefore
December 16, 2015. See TEX. R. APP. P. 26.2(a)(1). OR 26.2(a)(2). A notice of appeal was not
filed until December 26, 2017.

Outcome: Because the notice of appeal in this case was filed more than two years late, 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 appeadoes not obtain jurisdiction 04-17-00856-CR
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.

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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