Court of Civil Appeals of Texas, 2025

Noah Thomas Juarez v. the State of Texas

Noah Thomas Juarez v. the State of Texas
Court of Civil Appeals of Texas · Decided February 19, 2025

Noah Thomas Juarez v. the State of Texas

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00843-CR Noah Thomas JUAREZ, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2024CR009490W Honorable Miguel Najera, Judge Presiding PER CURIAM Sitting: Lori Massey Brissette, Justice Adrian A. Spears II, Justice H. Todd McCray, Justice Delivered and Filed: February 19, 2025 DISMISSED FOR LACK OF JURISDICTION Appellant Noah Thomas Juarez seeks to appeal the trial court’s judgment of conviction. A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See Taylor v. State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A review of the record shows the trial court imposed sentence on November 1, 2024, and because Juarez did not file a motion for new trial, his notice of appeal was due by December 2, 2024 or a notice and motion for extension of time was due fifteen days later on December 17, 2024. See TEX. R. APP. P. 26.2(a)(1), 26.3. The record contains a notice of appeal file stamped 04-24-00843-CR

December 6, 2024. See TEX. R. APP. P. 26.2. It does not include a motion for an extension of time.

See TEX. R. APP. P. 26.3.

Accordingly, it appeared the notice of appeal was untimely filed. We therefore ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction by January 29, 2025. See Taylor, 424 S.W.3d at 43; Olivo, 918 S.W.2d at 522; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). We admonished appellant if he failed to respond to our order by the date ordered, this appeal would be dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3. We further admonished appellant if a supplemental clerk’s record is necessary to show this court’s jurisdiction, he had the burden to request the trial court clerk to prepare the record and file a copy of the request with this court.

Appellant did not file a response. Accordingly, we dismiss this appeal for lack of jurisdiction. See Olivo, 918 S.W.2d at 522; see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought by filing writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure).

PER CURIAM DO NOT PUBLISH

Case-law data current through December 31, 2025. Source: CourtListener bulk data.