EX PARTE RONALD DARNELL CEPHUS, Jr. (Other)

State: Texas

Docket No: WR-70,534-07

Case Date: 11/24/2010

Plaintiff: Raymond Gonzales

Defendant: The State of Texas--Appeal from County Court at Law No 7 of Bexar County

Preview:Raymond Gonzales v. The State of Texas--Appeal from
County Court at Law No 7 of Bexar County
MEMORANDUM OPINION
Nos. 04-07-00434-CR & 04-07-00435-CR
Raymond GONZALES,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court Nos. 956416 & 902807
Honorable Monica Guerrero, Judge Presiding
PER CURIAM
Sitting: Alma L. L pez, Chief Justice
Catherine Stone, Justice
Karen Angelini, Justice
Delivered and Filed: July 18, 2007
DISMISSED FOR LACK OF JURISDICTION
Appellant was sentenced in the underlying causes on March 1, 2006, and July 28, 2005, respectively. Assuming timely
motions for new trial were filed, appellant's notices of appeal were due to be filed no later than May 30, 2006, and
October 26, 2005, respectively. See Tex. R. App. P. 26.2. No notices of appeal were filed in the trial court; however,
appellant filed motions for leave to file late notice of appeal in this court on June 26, 2007.
A defendant's notice of appeal is timely if filed within thirty days after the day sentence is imposed or suspended in
open court, or within ninety days after sentencing if the defendant timely files a motion for new trial. Olivo v. State,
918 S.W.2d 519, 522 (Tex. Crim. App. 1996). A late notice of appeal may be considered timely so as to invoke a court
of appeals' jurisdiction if (1) it is filed within fifteen days of the last day allowed for filing, (2) a motion for extension
of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3)
the court of appeals grants the motion for extension of time. Id. In this case, the appellant did not file a notice of
appeal within fifteen days of the last day allowed for filing, and the motions for leave to file late notice of appeal were
not filed in this court within fifteen days of the last day allowed for filing the notice of appeal. Accordingly, this court
does not have jurisdiction to grant appellant's motions or to consider these appeals. The appellant's motions for leave to
file late notice of appeal and these appeals are dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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