BISHOP v. STATE

No. 04-17-00436-CR.

David Stuart BISHOP, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Fourth District, San Antonio.


Attorney(s) appearing for the Case

James Clayton Oltersdorf , for David Stuart Bishop, Appellant.

Nicholas A. LaHood , for State of Texas.


ORDER

LUZ ELENA D. CHAPA, Justice.

The trial court imposed sentence on David Stuart Bishop on May 19, 2017. Bishop did not file a motion for new trial. Therefore, the notice of appeal was due June 19, 2017, or the notice and a motion for extension of time to file were due within fifteen days on July 3, 2017. See TEX. R. APP. P. 26.2(a)(1), 26.3. The clerk's record contains a notice of appeal filed on June 29, 2017, before the extended deadline. However, the record does not contain a motion for extension of time to file the notice of appeal and none was filed in this court.

When a notice of appeal is not filed by the deadline in Rule 26.2, both the notice of appeal and a motion for extension of time must be filed within the fifteen days provided by Rule 26.3 in order for this court to have jurisdiction over the appeal. See TEX. R. APP. P. 26.3; Castillo v. State, 369 S.W.3d 196 (Tex. Crim. App. 2012); Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

We therefore order a response due August 2, 2017, establishing that the notice of appeal was timely filed or otherwise showing cause why this appeal should not be dismissed for want of jurisdiction. If a supplemental clerk's record is necessary to show this court's jurisdiction, appellant has the burden to request the trial court clerk to prepare the record, identifying the additional pleadings and orders requested, and must file a copy of any such request with this court. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed.

All deadlines in this matter are suspended until further order of the court.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of July, 2017.


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