Full Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00610-CR Johnny DE LA ROSA, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2024CR008420 Honorable Stephanie R. Boyd, Judge Presiding PER CURIAM Sitting: Lori I. Valenzuela, Justice Lori Massey Brissette, Justice Adrian A. Spears II, Justice Delivered and Filed: September 23, 2026 DISMISSED FOR LACK OF JURISDICTION The trial court imposed sentence on November 18, 2025. Because appellant did not file a motion for new trial, the notice of appeal was due to be filed on December 18, 2025. TEX. R. APP. P. 26.2(a)(1). A motion for extension of time to file the notice of appeal was due on January 2, 2025. TEX. R. APP. P. 26.3. Appellant filed a notice of appeal on August 3, 2026 and a motion for extension of time to file the notice of appeal on August 6, 2026. 04-26-00610-CR 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). In his motion for extension of time, appellant represented that good cause existed to extend the time to file the notice of appeal because his appellate counsel was not appointed until July 27, 2026. However, “[w]e do not have jurisdiction to grant leave to file an out-of-time appeal.” Henderson v. State, No. 04-23-00882-CV, 2023 WL 8609204, at *1 (Tex. App.—San Antonio Dec. 13, 2023, no pet.) (per curiam) (mem. op., not designated for publication). “The appropriate vehicle for seeking an out-of-time appeal is by writ of habeas corpus from the Texas Court of Criminal Appeals[.]” Portley v. State, 89 S.W.3d 188, 189 (Tex. App.—Texarkana 2002, no pet.). Appellant did not timely file a notice of appeal, and “[t]here is no order in the record from the Texas Court of Criminal Appeals granting [him] an out-of-time notice of appeal.” See id. Because the record therefore appeared to show that we lack jurisdiction over this appeal, we ordered appellant to show cause why the appeal should not be dismissed for lack of jurisdiction. On August 14, 2026, appellant filed a response to our order. In his response, appellant stated, “The undersigned is exempt from Habeas Corpus appeals and this matter was treated as a straight appeal.” However, the response did not cite any authority that gives this court jurisdiction to grant leave to file an out-of-time appeal, and we are not aware of any. Accordingly, we dismiss this appeal for lack of jurisdiction. See Henderson, 2023 WL 8609204, at *1. PER CURIAM DO NOT PUBLISH -2-