Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00655-CR Martin HERRERA, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2017CR8710A Honorable Sid L. Harle, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: October 24, 2018 DISMISSED FOR LACK OF JURISDICTION Appellant filed a notice of appeal in the underlying cause on September 4, 2018. A clerk’s record was filed on September 14, 2018, and the docket sheet reflects that appellant is still awaiting sentencing. Because the trial court has not imposed sentence in the underlying cause, we have no jurisdiction to consider this appeal. See TEX. R. APP. P. 26.2 (providing appellate deadlines run from the day sentence is imposed or suspended in open court).

By order dated September 19, 2018, we ordered appellant to show cause in writing by October 3, 2018, why this appeal should not be dismissed for lack of jurisdiction. Appellant did 04-18-00655-CR

not respond to our order. Because the record reflects appellant is still awaiting sentencing, this appeal is dismissed for lack of jurisdiction. See id. PER CURIAM DO NOT PUBLISH

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