State v. Jesus Mario Camacho

Opinion issued July 22, 2004 In The Court of Appeals For The First District of Texas ____________ NO. 01-04-00285-CR ____________ THE STATE OF TEXAS, Appellant V. JESUS MARIO CAMACHO, Appellee On Appeal from the 174th District Court Harris County, Texas Trial Court Cause No. 964537 MEMORANDUM OPINION We lack jurisdiction to hear this State’s appeal. Appellee filed a motion to dismiss the appeal because the State’s notice of appeal was untimely filed. We agree. The trial court entered its order granting appellee’s motion to suppress evidence on February 19, 2004. The State’s notice of appeal was therefore due on Friday, March 5, 2004, the fifteenth day following the trial court’s order. Tex. Code Crim. Proc. Ann. art. 44.01(d) (Vernon Pamph. 2004); Tex. R. App. P. 26.2(b). The State filed notice of appeal on Monday, March 8, 2004, three days late. The State did not file a motion for extension of time to file notice of appeal. The State has no right of appeal after the 15-day limit has expired. Irving v. State, 879 S.W.2d 220, 222 (Tex. App.—Houston [14th Dist.] 1994), aff’d on other grounds, 922 S.W.2d 959 (Tex. Crim. App. 1996). On June 24, 2004, we requested a response from the State to appellee’s motion to dismiss. The State filed its response on June 29, 2004, conceding that this Court lacks jurisdiction because its notice of appeal was not timely filed. Accordingly, appellee’s motion to dismiss the appeal is granted. We hold that the State’s notice of appeal was untimely and fails to vest this Court with jurisdiction. We dismiss the appeal for lack of jurisdiction. PER CURIAM Panel consists of Justices Nuchia, Alcala, and Higley. Do not publish. Tex. R. App. P. 47.2(b).