                                       In The

                                 Court of Appeals
                     Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-18-00090-CR
                            ____________________

                  SALVADOR TORRES MIJARES, Appellant

                                          V.

                       THE STATE OF TEXAS, Appellee
_______________________________________________________              ______________

                  On Appeal from the Criminal District Court
                          Jefferson County, Texas
                         Trial Cause No. 17-27313
________________________________________________________              _____________

                           MEMORANDUM OPINION

      The trial court sentenced Salvador Torres Mijares on January 8, 2018. In a

criminal case, the appeal must be filed within thirty days of the date the sentence is

imposed, or within ninety days if the defendant timely files a motion for new trial.

Tex. R. App. P. 26.2(a)(1). Mijares did not file a motion for new trial within thirty

days of sentencing. Therefore, his notice of appeal was due to be filed on February

7, 2018. Mijares filed a notice of appeal on March 5, 2018. We notified the parties

that Mijares filed his notice of appeal too late to perfect an appeal. See Tex. R. App.

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P. 25.2(b) (“In a criminal case, appeal is perfected by timely filing a sufficient notice

of appeal.”). No response has been filed.

      The Court finds that the notice of appeal was not timely filed. See Tex. R.

App. P. 26.2(a)(1). Mijares also did not file a motion for extension of time to file his

appeal. See Tex. R. App. P. 26.3. “If a notice of appeal is not timely filed, the court

of appeals has no option but to dismiss the appeal for lack of jurisdiction.” Castillo

v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). Accordingly, we dismiss the

appeal for lack of jurisdiction

      APPEAL DISMISSED.

                                                ________________________________
                                                       HOLLIS HORTON
                                                            Justice


Submitted on April 10, 2018
Opinion Delivered April 11, 2018
Do Not Publish

Before McKeithen, C.J., Horton and Johnson, JJ.




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