Axel M. Sigmar and Lucia S. Sigmar v. Alan Anderson and Jo Ellen Anderson--Appeal from 53rd District Court of Travis County

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Laws-info.com » Cases » Texas » 3rd District Court of Appeals » 2006 » Axel M. Sigmar and Lucia S. Sigmar v. Alan Anderson and Jo Ellen Anderson--Appeal from 53rd District Court of Travis County

State: Texas

Court: Texas Northern District Court

Docket No: 03-05-00767-CV

Case Date: 10/27/2006

Plaintiff: RONALD ALEXANDER LEBLANC, SR.

Defendant: SANDRA RANSOM--Appeal from 267th District Court of Victoria County

Preview:Reynaldo Ramirez Alvarez, Jr. v. State of Texas-Appeal from 216th Judicial District Court of Kerr County
No. 04-01-00261-CR Reynaldo Ramirez ALVAREZ, Jr., Appellant v. The STATE of Texas, Appellee From the 216th Judicial District Court, Kerr County, Texas Trial Court No. A-99-246 Honorable Stephen B. Ables, Judge Presiding PER CURIAM Sitting: Catherine Stone, Justice Paul W. Green, Justice Sarah B. Duncan, Justice Delivered and Filed: August 28, 2002 DISMISSED FOR LACK OF JURISDICTION Reynaldo Ramirez Alvarez, Jr. pled guilty to capital murder in exchange for the State's agreement not to seek the death penalty. The trial court found Alvarez guilty and sentenced him to life in prison in accordance with the terms of his plea bargain agreement. Alvarez did not file a motion for new trial; therefore, the deadline for filing a notice of appeal was April 23, 2001, and the deadline for filing a motion for extension of time to file the notice of appeal was May 8, 2001. Tex. R. App. P. 26.2(a)(1), 26.3. Alvarez filed a general notice of appeal on April 4, 2001. On June 28, 2001, he filed an amended notice of appeal stating his desire to appeal the trial court's denial of his written motion to suppress, which was heard and ruled upon before he entered his plea. To invoke the court's jurisdiction over this appeal, Rule 25.2(b)(3) of the Texas Rules of Appellate Procedure requires that the notice of appeal state the appeal is from a jurisdictional defect, the substance of the appeal was raised by written motion and ruled on before trial, or the trial court granted permission to appeal. Tex. R. App. P. 25.2(b)(3); Young v. State, 8 S.W.3d 656, 666-67 (Tex. Crim. App. 2000). A notice of appeal complying with Rule 25.2(b)(3) must be filed within the time for perfecting the appeal. See State v. Riewe, 13 S.W.3d 408 (Tex. Crim. App. 2000). Once the time for perfecting the appeal has passed, appellant may not retroactively confer jurisdiction on this court by filing an amended notice of appeal. Id. at 413-14. Alvarez's amended notice of appeal states it is timely because it was filed before appellant's brief was filed. See Tex. R. App. P. 25.2(d). We disagree. "Once jurisdiction is lost, the court of appeals lacks the power to invoke any rule to thereafter obtain jurisdiction. ... [A]ny amendments [to the notice of appeal] made pursuant to Rule 25.2(d) cannot be jurisdictional amendments." Riewe, 13 S.W.3d at 413-14. This court lost jurisdiction when Alvarez failed to file a notice of appeal complying with Rule 25.2(b)(3) by April 23, 2001, or a proper notice of appeal together with a motion for extension of time by May 8, 2001. See Tex. R. App. P. 26.2(a)(1), 26.3. Thus, Alvarez's amended notice of appeal, filed in June 2001, did not retroactively confer jurisdiction on this court. See Riewe, 13 S.W.3d at 413-14; Rauscher v. State, 74 S.W.3d 197, 199-200 (Tex. App.-Houston [1st Dist.] 1 2002, no pet. h.); Lowry v. State 48 S.W.3d 309, 312
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(Tex. App.-San Antonio 2001, pet filed); Sipple v. State, 36 S.W.3d 592, 593-94 (Tex. App.-Waco 2000, pet. filed). Accordingly, we dismiss this appeal for want of jurisdiction. PER CURIAM Do not publish

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