Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00080-CR
Steven ROBLES, Appellant
v.
The STATE of Texas, Appellee
From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2015CR1302 Honorable Mary D. Roman, Judge Presiding 1
PER CURIAM
Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice
Delivered and Filed: March 15, 2023
DISMISSED FOR WANT OF JURISDICTION
This is an appeal from one count of assault family violence with strangulation. Appellant was convicted by bench trial on June 1, 2016. The written judgment states the sentence was imposed on June 7, 2016.
Appellant first appealed his conviction on July 5, 2016. This court affirmed the trial court’s judgment in Cause No. 04-16-00434-CR. Robles then filed a petition for writ of mandamus in 2018, which we denied in Cause No. 04-18-00160-CR. Robles also filed a petition for writ of
1 Catherine Torres-Stahl is the current presiding judge of the 175th District Court in Bexar County.
04-23-00080-CR habeas corpus with the trial court, which the trial court denied. We affirmed the trial court’s denial in Cause No. 04-18-00512-CR. Robles filed another appeal in 2019, which we dismissed for want of jurisdiction in Cause No. 04-19-00118-CR. Robles then filed another petition for writ of mandamus, which we denied in Cause No. 04-19-00214-CR.
On January 24, 2023, Appellant filed a new notice of appeal, pro se. On February 16, 2023, we ordered Appellant to show cause why his appeal should not be dismissed for want of jurisdiction. 2 Appellant responded, but he only referred to other cause numbers. He did not make any relevant argument as to this appeal cause number, No. 04-23-00080-CR, stemming from trial court cause number 2015CR1302. Even if we consider the current notice of appeal as an untimely motion for rehearing from any of our previous opinions related to trial court cause number 2015CR1302, this court’s plenary power is expired. See TEX. R. APP. P. 19.1; Rodriguez v. State, 28 S.W.3d 25, 26 (Tex. App.—Houston [1st Dist.] 2000, no pet.). We now dismiss the purported appeal for want of jurisdiction.
PER CURIAM
Do Not Publish
2 A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
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