M ORE L AW
LEXAPEDIA
Salus Populi Suprema Lex Esto

Information
About MoreLaw
Contact MoreLaw

Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 04-20-2019

Case Style:

David Trevizo v. The State of Texas

Case Number: 08-19-00069-CR

Judge: ANN CRAWFORD McCLURE

Court: COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Plaintiff's Attorney: Hon. Jaime E. Esparza

Defendant's Attorney: Hon. Jose E. Troche

Description:


MoreLaw Virtual Receptionists

Nosotros hablamos espaŮol


David Trevizo is attempting to appeal the trial courtís judgment revoking community
supervision. Finding that Appellant did not timely file his notice of appeal, we dismiss the appeal
for lack of jurisdiction.
A timely notice of appeal is necessary to invoke this Courtís jurisdiction. Olivo v. State,
918 S.W.2d 519, 522 (Tex.Crim.App. 1996). In a criminal case, a defendantís notice of appeal is
due within thirty days after the sentence is imposed in open court or the trial court enters an
appealable order. See TEX.R.APP.P. 26.2(a)(1). The trial court revoked Appellantís community
supervision and imposed the original ten-year sentence assessed when the court placed Appellant
on probation in 2016. The court imposed sentence on January 24, 2019. Consequently, the notice
of appeal was due to be filed no later than February 23, 2019. Although Appellant filed his notice
of appeal on March 1, 2019, which is within fifteen days of the filing deadline, he did not file an



- 2 -

extension motion. See TEX.R.APP.P. 26.3 (a court of appeals may extend the time to file the notice
of appeal if, within 15 days after the deadline for filing the notice of appeal, the party files in the
trial court the notice of appeal, and files in the appellate court a motion complying with Rule
10.5(b)). In the absence of a timely filed notice of appeal, a court of appeals does not have
jurisdiction to address the merits of the appeal in a criminal case and can take no action other than
to dismiss the appeal for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210
(Tex.Crim.App. 1998).

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

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2019 MoreLaw, Inc. - All rights reserved.