v.
the State of Texas
In The
Court of Appeals
For The
First District of Texas
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NO. 01-24-00545-CR
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DREYVON A. ANDERSON-SANDERS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 179th District Court
Harris County, Texas
Trial Court Case No. 1856052
MEMORANDUM OPINION
Appellant, Dreyvon A. Anderson-Sanders, was indicted for the felony offense of aggravated assault1 and released on a $50,000 bond. On March 14, 2024, the State filed a “Motion to Revoke Bond and Deny Bail,” alleging that appellant failed An order revoking a defendant’s bond is not an order from which the Texas Legislature has authorized an appeal. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.); see also Grant v. State, No. 01-21-00340-CR, 2021 WL 4780066, at *2 (Tex. App.—Houston [1st Dist.] Oct. 14, 2021, pet. ref’d) (mem. op., not designated for publication) (dismissing appeal from order revoking bond for lack of jurisdiction). Because the order appellant seeks to appeal is not an appealable interlocutory order, we lack jurisdiction over the appeal.
Additionally, while the trial court’s April 3, 2024 order is not an appealable order, even assuming an appeal could be taken, this Court would lack jurisdiction over the appeal because we cannot exercise jurisdiction over an appeal without a timely filed notice of appeal. See TEX. R. APP. P. 26.2(a); Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Lair v. State, 321 S.W.3d 158, 159 (Tex. App.—Houston [1st Dist.] 2010, pet. ref’d). A defendant’s notice of appeal is timely if it is filed within thirty days after the date the trial court enters an appealable order. TEX. R. APP. P. 26.2(a); see also Bayless v. State, 91 S.W.3d 801, 806 (Tex. Crim. App. 2002). The time for filing a notice of appeal can also be extended if, within fifteen days of the deadline for filing the notice of appeal, a defendant files his notice of appeal in the trial court and a motion for extension of time that complies with Texas Rule of Appellate Procedure 10.5(b) in the appellate court. See TEX. R. APP. P. 10.5(b), 26.3; Lair, 321 S.W.3d at 159; see also Olivo, 918 S.W.2d at 522 (requiring both notice of appeal and motion for extension to be filed within fifteen days of original due date for notice of appeal).
The order appellant seeks to appeal was entered on April 3, 2024. Accordingly, any notice of appeal was due to be filed with the trial court on or before May 3, 2024. Appellant’s June 28, 2024 notice of appeal was therefore not timely. This Court therefore lacks jurisdiction to address the merits of appellant’s appeal and can take no other action than to dismiss the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
Because the order granting the State’s motion to revoke bond and deny bail is not an appealable order, and because appellant failed to timely file his notice of appeal, we hold that we lack jurisdiction over the appeal. Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Goodman, Guerra, and Farris. Do not publish. TEX. R. APP. P. 47.2(b).