Ruben Arcadio Ramirez v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledJune 24, 2026
Docket04-26-00281-CR
StatusPublished
๐ฐ News Coverage: Read the LAWS.com news report on this case
Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00281-CR
Ruben Arcadio RAMIREZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2024-CR-008016
Honorable Frank J. Castro, Judge Presiding
PER CURIAM
Sitting: Adrian A. Spears II, Justice
H. Todd McCray, Justice
Velia J. Meza, Justice
Delivered and Filed: June 24, 2026
DISMISSED FOR LACK OF JURISDICTION
The trial court imposed sentence on February 5, 2026. Because appellant did not timely
file a motion for new trial, the notice of appeal was due to be filed on March 9, 2026. See TEX. R.
APP. P. 26.2(a)(1). Appellant did not file a notice of appeal until March 31, 2026.
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). โA defendantโs notice of appeal is timely if filed
within thirty days after the day sentence is imposed or suspended, or within ninety days after
04-26-00281-CR
sentencing if the defendant timely files a motion for new trial.โ Id. (citing TEX. R. APP. P.
26.2(a)(1)). If an appeal is not timely perfected, we do not obtain jurisdiction to address the merits
of the appeal and can take no action other than to dismiss the appeal for lack of jurisdiction. Slaton
v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
Because appellant did not timely file a notice of appeal, we ordered him to show cause why
this appeal should not be dismissed for lack of jurisdiction. Appellant filed a response, but it does
not demonstrate our jurisdiction over this appeal. Accordingly, we dismiss this appeal for lack of
jurisdiction. See Taylor, 424 S.W.3d at 43; see also Ater v. Eighth Court of Appeals, 802 S.W.2d
241, 243 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought
by filing writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure).
PER CURIAM
DO NOT PUBLISH
-2-