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Date: 05-15-2019

Case Style:

Roger Soliz v. The State of Texas

Case Number: 04-19-00113-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: Angela J. Moore

Description:






Appellant attempts to appeal from an order denying his motion for post-conviction DNA
testing. Because the trial court signed the order on January 14, 2019, appellantís notice of appeal
was due to be filed on or before February 13, 2019. See TEX. R. APP. P. 26.2(a)(1). However,
appellant did not file his notice of appeal until February 21, 2019. Furthermore, appellant did not
timely file a motion for extension of time to file his notice of appeal. See id. R. 26.3.
A timely notice of appeal is necessary to invoke this courtís jurisdiction. 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 has no jurisdiction to address the appealís merits and can take no
action other than to dismiss the appeal). We notified appellant that his notice of appeal was
untimely and ordered him to show cause why this appeal should not be dismissed for lack of
jurisdiction.

Outcome: Appellant filed a response, but it fails to demonstrate this courtís jurisdiction over this appeal. Accordingly, we dismiss this appeal for lack of jurisdiction.

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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