Elidoro Munguia III v. State

Summary

The Fourth Court of Appeals of San Antonio ordered the appellant to show cause why his appeal should not be dismissed for lack of jurisdiction. The court noted that the notice of appeal was filed after the deadline without a motion for extension and that the trial court's certification indicated the case was a plea-bargain case with no right of appeal.

Holdings

1. A timely notice of appeal is necessary to invoke the jurisdiction of a Texas court of appeals. A late notice may be treated as timely only if it is filed within fifteen days after the filing deadline, a motion for extension is filed in the court of appeals within that same fifteen-day period, and the court grants the extension.
2. The trial court's certification accurately stated that appellant had no right of appeal because the case was a plea-bargain case, the record contained a written plea bargain, and the punishment assessed did not exceed the punishment recommended by the prosecutor and agreed to by appellant.

Questions Presented

1. Whether the court of appeals had jurisdiction when the notice of appeal was filed after the deadline and no motion for extension of time was filed.
2. Whether the trial court's certification accurately reflected that the case was a plea-bargain case in which appellant had no right of appeal.

Disposition

other