Case Information
*1 C HIEF J USTICE C AROLYN W RIGHT L ISA M ATZ S J USTICES CLERK OF THE COURT D AVID L. B RIDGES (214) 712-3450 M OLLY F RANCIS lisa.matz@5th.txcourts.gov D OUGLAS S. L ANG G AYLE H UMPA E LIZABETH L ANG -M IERS Court of Appeals BUSINESS ADMINISTRATOR R OBERT M. F ILLMORE (214) 712-3434 Fifth District of Texas at Dallas L ANA M YERS gayle.humpa@5th.txcourts.gov D AVID E VANS 600 C OMMERCE S TREET , S UITE 200 D AVID L EWIS F ACSIMILE D ALLAS , T EXAS 75202 A DA B ROWN (214) 745-1083 (214) 712-3400 C RAIG S TODDART I NTERNET B ILL W HITEHILL HTTP ://5 TH . TXCOURTS . GOV D AVID J. S CHENCK
August 27, 2015
Katherine Drew Lori Ordiway
Dallas County Public Defender’s Office Dallas County District Attorney’s Office 133 N. Riverfront Blvd., LB-2 133 N. Riverfront Blvd., LB-19 Dallas, TX 75207 Dallas, TX 75207
RE: 05-15-01022-CR
Lauro Arizpe v. The State of Texas
Counsel:
After reviewing the documents before it, the Court questions its jurisdiction over the appeal. Specifically, the notice of appeal reflects that sentence was imposed on July 8, 2015. No motion for new trial was filed; therefore, appellant’s notice of appeal was due by August 7, 2015. See T EX . R. A PP . P. 26.2(a)(1). Appellant’s notice of appeal is file-stamped August 17, 2015, ten days late. The Court cannot determine from the envelope in which it appears the pro se notice of appeal was delivered to the trial court whether it was mailed and, if so, the date of mailing. Moreover, although the notice of appeal was filed within the fifteen-day period provided by rule 26.3, no extension motion was filed in this Court within that same fifteen-day period. See id . 26.3(a), (b). Therefore, it appears we have no jurisdiction over the appeal.
So that the Court may determine the threshold issue of jurisdiction, appellant is directed to file a letter brief regarding the jurisdictional question by September 8, 2015 . The State is directed to file any response by September 18, 2015 . Any party relying on information not in the record before this Court must obtain a supplemental record containing that information.
After it has reviewed the jurisdictional briefs, the Court will either dismiss the appeal for want of jurisdiction or notify the parties by letter that the Court has jurisdiction over the appeal and of any pending deadlines.
Sincerely, /s/ Lisa Matz, Clerk of the Court ltr:mrh