From Casetext: Smarter Legal Research

Rogers v. State

Fourth Court of Appeals San Antonio, Texas
Nov 22, 2019
No. 04-19-00810-CR (Tex. App. Nov. 22, 2019)

Opinion

No. 04-19-00810-CR

11-22-2019

Aaron Michael ROGERS, Appellant v. The STATE of Texas, Appellee


From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. A16381
Honorable N. Keith Williams, Judge Presiding

ORDER

On June 27, 2019, appellant Aaron Michael Rogers was convicted of unlawful possession of a firearm by a felon. Because appellant did not file a motion for new trial, the notice of appeal was due by July 29, 2019. See TEX. R. APP. P.26.2(a)(1). A notice of appeal was not filed until September 6, 2019, and at no point did appellant timely file a motion for extension of time to file the notice of appeal. See id. R. 26.3.

The notice of appeal was originally due by July 27, 2019, but because that day fell on a Saturday, the deadline extended to Monday, July 29, 2019. See TEX. R. APP. P. 4.1(a).

We therefore ORDER appellant to file a written response in this court by December 23, 2019 showing cause why we should not dismiss this appeal for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals' jurisdiction). If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed for want of jurisdiction. If a supplemental clerk's record is required to show jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made.

/s/_________

Beth Watkins, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of November, 2019.

/s/_________

MICHAEL A. CRUZ,

Clerk of Court


Summaries of

Rogers v. State

Fourth Court of Appeals San Antonio, Texas
Nov 22, 2019
No. 04-19-00810-CR (Tex. App. Nov. 22, 2019)
Case details for

Rogers v. State

Case Details

Full title:Aaron Michael ROGERS, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 22, 2019

Citations

No. 04-19-00810-CR (Tex. App. Nov. 22, 2019)