Adan Esquibel v. The State of Texas

Summary

The Thirteenth Court of Appeals of Texas dismissed Adan Esquibel’s appeal for want of jurisdiction because the notice of appeal was filed after the applicable deadline and outside the fifteen-day grace period for requesting an extension. The court denied the motion for extension of time and held that the appellate filing deadlines were jurisdictional.

Holdings

1. The court lacked jurisdiction because appellant filed the notice of appeal after the Rule 26.1 deadline and did not timely invoke the fifteen-day extension period under Rule 26.3.
2. The court construed appellant's September 21, 2009 filings as a motion for extension of time, but denied the motion because it was not filed within the Rule 26.3 grace period.

Questions Presented

1. Whether the court of appeals had jurisdiction when the notice of appeal was filed after the deadline under Texas Rule of Appellate Procedure 26.1 and after the fifteen-day grace period for requesting an extension under Rule 26.3.
2. Whether appellant's September 21, 2009 filings could be treated as a timely motion for extension of time to file the notice of appeal.

Disposition

dismissed