CourtListener 10813918•Salvador Araujo-Falcon v. the State of Texas
Testo completo
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00066-CR
Salvador ARAUJO-FALCON,
Appellant
v.
The STATE of Texas,
Appellee
From the 365th Judicial District Court, Maverick County, Texas
Trial Court No. 25-02-08905-MCRAJA
Honorable Amado J. Abascal III, Judge Presiding
PER CURIAM
Sitting: Irene Rios, Justice
Lori I. Valenzuela, Justice
Lori Massey Brissette, Justice
Delivered and Filed: March 18, 2026
DISMISSED FOR LACK OF JURISDICTION
Appellant attempts to appeal his conviction for assault on a public servant. “A timely
notice of appeal is necessary to invoke the jurisdiction of this Court.” Taylor v. State, 424 S.W.3d
39, 43 (Tex. Crim. App. 2014). “A defendant’s notice of appeal is timely if filed within thirty days
after the day sentence is imposed or suspended, or within ninety days after sentencing if the
defendant timely files a motion for new trial.” Id. (citing TEX. R. APP. P. 26.2(a)(1)).
04-26-00066-CR
The trial court imposed sentence on October 16, 2025. Because appellant filed a motion
for new trial, the notice of appeal was due to be filed on January 14, 2026. TEX. R. APP.
P. 26.2(a)(1). However, appellant did not file his notice of appeal until January 15, 2026, and did
not file a motion for extension of time to file the notice of appeal. “When a notice of appeal is
filed within the fifteen-day period [to file a motion for extension of time] but no timely motion for
extension of time is filed, the appellate court lacks jurisdiction.” Olivo v. State, 918 S.W.2d 519,
522 (Tex. Crim. App. 1996); Ex parte Matthews, 452 S.W.3d 8, 11 (Tex. App.—San
Antonio 2014, no pet.) (“A late notice of appeal may be considered timely and 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.’” (quoting Olivo, 918 S.W.2d at 522)). Because appellant did not file a motion for
extension of time within fifteen days of the last day allowed for filing the notice of appeal, his
notice of appeal is untimely.
On February 2, 2026, we ordered appellant to show cause, on or before February 17, 2026,
why this appeal should not be dismissed for lack of jurisdiction. To date, we have not received a
response to our show cause order. Accordingly, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
Do not publish.
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