Aleman v. State
Aleman v. State
Opinion of the Court
Appellant was convicted of aggravated robbery and sentenced to confinement for 28 years on March 29, 2018. Appellant timely filed a motion for new trial. Therefore, appellant's notice of appeal was due June 27, 2018. See Tex. R. App. P. 26.2(a)(2). Appellant did not file his notice of appeal until July 9, 2018.
A court of appeals may grant an extension of time if, within 15 days after the deadline for filing the notice of appeal, the party files (a) the notice of appeal in the trial court, and (b) a motion for extension *795of time in the court of appeals. See Tex. R. App. P. 26.3 ; see also Tex. R. App. P. 10.5(b)(2). July 9, 2018, is a date within 15 days of the June 27, 2018 due date. However, appellant did not file in this court a compliant motion for extension of time.
In civil appeals, a request for extension is implied if a notice of appeal is filed within 15 days after the deadline. See Verburgt v. Dorner ,
Accordingly, the appeal is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.