Andrew E. Anderson v. Southwest Imaging Consultants, Inc.--Appeal from 235th District Court of Cooke County

State: Texas

Docket No: 02-05-00155-CV

Case Date: 06/16/2005

Plaintiff: H. A. REED D/B/A REED CONSTRUCTION

Defendant: THE STATE OF TEXAS--Appeal from 36th District Court of San Patricio County

Preview:Ex Parte Lawrence E. Gage--Appeal from 226th
Judicial District Court of Bexar County
MEMORANDUM OPINION
No. 04-03-00680-CR
EX PARTE Lawrence GAGE
From the 226th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CR-4415 (1)
Honorable Sid L. Harle, Judge Presiding
PER CURIAM
Sitting: Paul W. Green, Justice
Sarah B. Duncan, Justice
Karen Angelini, Justice
Delivered and filed: November 26, 2003
DISMISSED FOR LACK OF JURISDICTION
Appellant filed a notice of appeal challenging the trial court's denial of bond pending appeal. The timetable for the
notice of appeal begins on the day the order denying bond is signed, and the notice of appeal is due thirty days
thereafter. Tex. R. App. P. 26.2; see Ex parte Pena, 940 S.W.2d 260, 261 (Tex. App.-San Antonio 1997, no pet.). In
this case, the order denying bond was signed July 29, 2003, but the notice of appeal was not filed until September 8,
2003, more than thirty days later. (2) No motion for extension of time was filed. This court lacks jurisdiction over an
appeal in the absence of a timely, written notice of appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.
1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Accordingly, on October 10, 2003, we ordered
appellant to show cause in writing no later than October 20, 2003, why this appeal should not be dismissed for lack of
jurisdiction. Appellant did not respond to our show cause order.
Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. Accordingly,
we dismiss appellant Lawrence Gage's appeal of the trial court's order denying bond for lack of jurisdiction.
PER CURIAM
Do Not Publish
1. The appeal of appellant's conviction remains pending in cause no. 04-03-00250-CR.
2. The trial court shows the notice of appeal filed September 18, 2003. However, a notice of appeal was received by
this court on September 9, 2003, and we have calculated appellant's date of filing from the day his mail was
postmarked, September 8, 2003.
file:///C|/Users/Peter/Desktop/opinions/PDFs1/16661.html[8/20/2013 7:39:53 PM]

Download 16661.pdf