## COURT OF APPEALS CATHERINE STONE

CHIEF JUSTICE KAREN ANGELINI SANDEE BRYAN MARION MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA

JUSTICES FOURTH COURT OF APPE ALS DISTRICT CADENA - REEVES JUSTICE CENTE R 300 DOLOROSA, SU ITE 3200 SAN ANTONIO, TEXAS 7 8205 - 3037 WWW.4THCOA.COURTS.ST ATE.TX.US KEITH E. HOTTLE CLERK OF COURT TELEPHONE (210) 335 - 2635 FACSIMILE NO.

(210) 335 - 2762 

### March 18, 2014 Omar Escobar District Attorney Starr County Courthouse 401 N. Britton Ave. Suit e 417 Rio Grande City, TX 78582 * DELIVERED VIA E - MAIL * Jesus Maria Alvarez Attorney at Law 501 N. Britton Avenue Rio Grande City, TX 78582 * DELIVERED VIA E - MAIL * Eloy R. Garcia District Clerk - Starr County Starr County Courthouse, Room 302 401 North Britton Avenue Rio Grande City, TX 78582 * DELIVERED VIA E - MAIL * Julian G. Alderette Official Court Reporter - 381st District Court 401 N. Britton Avenue, Room 401 Rio Grande City, TX 78582 * DELIVERED VIA E - MAIL * RE: Court of Appeals Number s : 04 - 14 - 00 136 - CR , 04 - 14 - 00137 - CR, 04 - 14 - 00138 - CR, & 04 - 14 - 00139 - CR Trial Court Case Number s : 12 - CR - 611 , 12 - CR - 615, 12 - CR - 613, & 12 - CR - 609 Style: Billy Edward Gonzalez v. The State of Texas Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause s . If you should have an y questions, please do not hesitate to contact me. Very truly yours, KEITH E. HOTTLE, CLERK

_____________________________ Jonathan Quintero Deputy Clerk, Ext. 53220

### The State of TexasAppellee/s 

# Fourth Court of Appeals **San Antonio, Texas** March 18, 2014 N o s . 04 - 14 - 00136 - CR , 04 - 14 - 00137 - CR, 04 - 14 - 00138 - CR, & 04 - 14 - 00139 - CR Billy Edward GONZALEZ , Appellant v. THE STATE OF TEXAS, Appellee From the 381st Judicial District Court, Starr County, Texas Trial Court No s . 12 - CR - 611 , 12 - CR - 615 - CR, 12 - CR - 613, & 12 - CR - 609 Honorable Jose Luis Garza, Judge Presiding 

### ORDER The trial court imposed the sentence s in Appeal Nos. 04 - 14 - 00136 - CR, 04 - 14 - 00138 - CR, and 04 - 14 - 00139 - CR on October 30, 2013, and signed the order being appealed in Appeal No. 04 - 14 - 00137 - CR on October 31, 2013 . A ppellant did not file a motion for new trial. Because appellant did not file a timely motion for new trial, the deadline for filing the notice of appeal was November 29, 2014 , for Appeal Nos. 04 - 14 - 00136 - CR, 04 - 14 - 00138 - CR, and 04 - 14 - 00139 - CR, and December 2, 2014, for Appeal No. 04 - 14 - 00137 - CR . T EX . R. A PP . P. 26.2(a)(1). A notice of appeal was not filed until February 25, 2014, and the record shows it was not mailed until February 18, 2104 , and appellant did not file a motion for e xtension of time to file the notice of appeal. See T EX . R. A PP . P. 26.3. We therefore order appellant to file a written response on or before April 17, 2014 showing cause why th e s e appeal s should not be dismissed for want of jurisdi ction . See Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals ’ jurisdiction). If appellant fails to satisfactorily respond within the time provided, the appeal s will be dismissed. If a supplemental clerk ’ s record is required to show jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. We order a ll deadlines in this matter s uspended until further order of the court. We further order the clerk of this court to serve a copy of this order on all counsel and the court reporter.

_________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of March, 2014 .

___________________________________ Keith E. Hottle Clerk of Court

### MINUTES Court of Appeals Fourth Court of Appeals District San Antonio, Texas March 18, 2014 N o s . 04 - 14 - 00136 - CR , 04 - 14 - 00137 - CR, 04 - 14 - 00138 - CR, & 04 - 14 - 00139 - CR Billy Edward GONZALEZ , Appellant v. THE STATE OF TEXAS, Appellee From the 381st Judicial District Court, Starr County, Texas Trial Court No s . 12 - CR - 611 , 12 - CR - 615 - CR, 12 - CR - 613, & 12 - CR - 609 Honorable Jose Luis Garza, Judge Presiding 

### ORDER The trial court imposed the sentence s in Appeal Nos. 04 - 14 - 00136 - CR, 04 - 14 - 00138 - CR, and 04 - 14 - 00139 - CR on October 30, 2013, and signed the order being appealed in Appeal No. 04 - 14 - 00137 - CR on October 31, 2013 . A ppellant did not file a motion for new trial. Because appellant did not file a timely motion for new trial, the deadline for filing the notice of appeal was November 29, 2014 , for Appeal Nos. 04 - 14 - 00136 - CR, 04 - 14 - 00138 - CR, and 04 - 14 - 00139 - CR, and December 2, 2014, for Appeal No. 04 - 14 - 00137 - CR . T EX . R. A PP . P. 26.2(a)(1). A notice of appeal was not filed until February 25, 2014, and the record shows it was not mailed until February 18, 2104 , and appellant did not file a motion for e xtension of time to file the notice of appeal. See T EX . R. A PP . P. 26.3. We therefore order appellant to file a written response on or before April 17, 2014 showing cause why th e s e appeal s should not be dismissed for want of jurisdi ction . See Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (holding that timely notice of appeal is necessary to invoke court of appeals ’ jurisdiction). If appellant fails to satisfactorily respond within the time provided, the appeal s will be dismissed. If a supplemental clerk ’ s record is required to show jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. We order a ll deadlines in this matter s uspended until further order of the court. We further order the clerk of this court to serve a copy of this order on all counsel and the court reporter. /s/ Marialyn Barnard M arialyn Barnard , Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 18th day of March, 2014 . /s/ Keith E. Hottle Keith E. Hottle Clerk of Court 

### ENTERED THIS 18TH DAY OF MARCH, 2014 .