Mark Anthony Espinosa v. the State of Texas

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00800-CR Mark Anthony ESPINOSA, Appellant v. The STATE of Texas, Appellee From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 23-1397-CR-A Honorable Jessica Crawford, Judge Presiding PER CURIAM Sitting: Adrian A. Spears II, Justice H. Todd McCray, Justice Velia J. Meza, Justice Delivered and Filed: February 26, 2025 DISMISSED FOR WANT OF JURISDICTION The trial court imposed sentence on November 9, 2023. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on December 11, 2023. TEX. R. APP. P. 26.2(a)(1). Appellant did not file his notice of appeal until October 24, 2024.

“A timely notice of appeal is necessary to invoke the jurisdiction of this Court.” Taylor v. State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014). “A defendant’s notice of appeal is timely if filed within thirty days after the day sentence is imposed or suspended, or within ninety days after sentencing if the defendant timely files a motion for new trial.” Id. (citing TEX. R. APP. P. 04-24-00800-CR

26.2(a)(1)). Because appellant did not timely file a notice of appeal, we ordered appellant to show cause why this appeal should not be dismissed for want of jurisdiction. Appellant did not respond. We dismiss this appeal for want of jurisdiction.

PER CURIAM DO NOT PUBLISH

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