Kody Noel Gonser a/k/a Kody Gosner v. The State of Texas

Summary

The Thirteenth Court of Appeals of Texas dismissed the appeal for want of jurisdiction because the appellant’s notice of appeal was untimely. The opinion notes that the appellant may seek an out-of-time appeal through a post-conviction writ of habeas corpus filed in the Texas Court of Criminal Appeals.

Holdings

1. A timely filed notice of appeal is required to invoke the court of appeals' jurisdiction in a criminal case; when the notice is untimely, the court lacks jurisdiction to address the merits.
2. The court of appeals could not grant or otherwise provide an out-of-time appeal through this proceeding; any such remedy must be pursued through a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals.

Questions Presented

1. Whether the court of appeals had jurisdiction over a criminal appeal when the notice of appeal was filed untimely.
2. Whether the court could provide an out-of-time appeal or otherwise address the merits despite the untimely notice.

Disposition

dismissed