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Jemadari Chinua Williams v. The State of Texas
Case Number: 04-19-00032-CR
Judge: PER CURIAM Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice
Court: Fourth Court of Appeals San Antonio, Texas
Plaintiff's Attorney: Joe D. Gonzales
Defendant's Attorney: Kimbel Ward-Neal
The trial court imposed sentence in Cause No. 2018CR6613 on December 3, 2018.
Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on
January 2, 2019. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of
appeal was due on January 17, 2019. TEX. R. APP. P. 26.3. On January 17, 2019, appellant filed
a “Notice of Appeal from Negotiated Plea.” Appellant did not file a motion for extension of time.
On March 6, 2019, we issued an order in which we ordered appellant to show cause on or
before March 21, 2019 why this appeal should not be dismissed for lack of jurisdiction. Appellant
has not filed a response.
Because appellant did not timely file a notice of appeal or timely file a motion for extension
of time, we lack jurisdiction to entertain this appeal. See Slaton v. State, 981 S.W.2d 208, 210
(Tex. Crim. App. 1998) (holding that if an appeal is not timely perfected, the court of appeals does
not obtain jurisdiction to address the merits of appeal, and the court may take no action other than
to dismiss appeal; an appellate 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
Outcome: Accordingly, we dismiss this appeal for lack of jurisdiction.1