Court of Civil Appeals of Texas, 2014

Arturo Neri Prado v. State

Arturo Neri Prado v. State
Court of Civil Appeals of Texas · Decided July 2, 2014

Arturo Neri Prado v. State

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00302-CR Arturo Neri PRADO, Appellant v. The STATE of Texas, Appellee From the 216th Judicial District Court, Gillespie County, Texas Trial Court No. 4217 Honorable Stephen B. Ables, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: July 2, 2014 DISMISSED FOR WANT OF JURISDICTION On February 6, 2007, Appellant Arturo Neri Prado was sentenced to forty-three years in the Institutional Division of the Texas Department of Criminal Justice in trial court cause number 4217. Appellant’s notice of appeal was due not later than March 9, 2007. See TEX. R. APP. P. 26.2(a); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Appellant filed his notice of appeal on April 17, 2014.

Absent a timely-filed, written notice of appeal of a criminal conviction, this court lacks jurisdiction over the appeal. Olivo, 918 S.W.2d at 522 (“A timely notice of appeal is necessary to 04-14-00302-CR

invoke a court of appeals’ jurisdiction.”); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988). On May 13, 2014, this court issued an order directing Prado show cause why this appeal should not be dismissed for want of jurisdiction. Appellant’s response, filed on June 17, 2014 provides “[n]either Appellant nor his counsel can show cause why this appeal should not be dismissed for want of jurisdiction.”

This appeal is dismissed for want of jurisdiction.

PER CURIAM DO NOT PUBLISH

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