Opinion
NO. 01-20-00317-CR
11-24-2020
EX PARTE JAMES EDWARD DEMAIO, APPELLANT
On Appeal from County Court at Law No. 2 Williamson County, Texas
Trial Court Case No. 19-2204-CC2
Pursuant to its docket equalization authority, the Supreme Court of Texas transferred this appeal to this Court. See Misc. Docket No. 19-9120 (Tex. Dec. 20, 2019); see also TEX. GOV'T CODE § 73.001 (authorizing transfer of cases).
MEMORANDUM OPINION
Appellant, James Edward DeMaio, proceeding pro se, attempts to appeal from the trial court's order denying his application for writ of habeas corpus, signed on March 2, 2020. Appellant filed a notice of appeal on April 2, 2020. Appellee, the State of Texas filed a motion to dismiss for lack of jurisdiction.
We cannot exercise jurisdiction over an appeal without a timely filed notice of appeal. See TEX. R. APP. P. 26.2(a); see also Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012) (citation omitted); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Appeals of orders denying criminal habeas corpus relief also require timely notices of appeal. Ex parte Nelson, 01-17-00152-CR, 2017 WL 1149214, at *2 (Tex. App.—Houston [1st Dist.] Mar. 28, 2017, no pet.) (mem. op., not designated for publication); Ex parte Alali, No. 01-15-00796-CR, 2015 WL 6949240, at *1 (Tex. App.-Houston [1st Dist.] Nov. 10, 2015, no pet.) (mem. op., not designated for publication). A defendant's notice of appeal is timely if filed within thirty days after the date sentence is imposed or suspended in open court or within ninety days after that date if the defendant timely files a motion for new trial. TEX. R. APP. P. 26.2(a); see Bayless v. State, 91 S.W.3d 801, 805 (Tex. Crim. App. 2002); Lair v. State, 321 S.W.3d 158, 159 (Tex. App.—Houston [1st Dist.] 2010, pet. ref'd). Therefore, appellant's notice of appeal was due April 1, 2020.
Accordingly, we grant appellee's motion to dismiss and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 43.2(f). We dismiss all pending motions as moot.
PER CURIAM Panel consists of Chief Justice Radack and Justices Lloyd and Kelly. Do not publish. TEX. R. APP. P. 47.2(b).