                                      In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-18-00254-CR
                           ____________________

                        BENITO GARZA JR., Appellant

                                         V.

                       THE STATE OF TEXAS, Appellee
_______________________________________________________            ______________

                    On Appeal from the 435th District Court
                         Montgomery County, Texas
                       Trial Cause No. 17-01-01105-CR
________________________________________________________             _____________

                          MEMORANDUM OPINION

      The trial court sentenced Benito Garza Jr. on September 14, 2017. In a

criminal case, the notice of 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). Garza’s notice of appeal was signed on May 29,

2018, postmarked on June 4, 2018, and filed on June 28, 2018. Garza did not file a

motion for extension of time to file his notice of appeal. See Tex. R. App. P. 26.3.

We notified the parties that Garza filed his notice of appeal too late to perfect an

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appeal. See Tex. R. App. P. 25.2(b) (“In a criminal case, appeal is perfected by timely

filing a sufficient notice of appeal.”). Garza did not respond to this Court’s notice.

      Garza failed to file a notice of appeal within the time permitted for perfecting

an appeal. See Tex. R. App. P. 26.2(a). “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 August 14, 2018
Opinion Delivered August 15, 2018
Do Not Publish

Before Kreger, Horton and Johnson, JJ.




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