Brelin Keithian Coleman v. the State of Texas

Summary

The First Court of Appeals of Texas dismissed two criminal appeals for lack of jurisdiction because the appellant filed his notices of appeal after the applicable deadline and did not file timely motions for new trial. The court also dismissed any pending motions as moot.

Holdings

1. A criminal appeal must be dismissed for lack of jurisdiction when the defendant does not file a timely notice of appeal and the record contains no timely motion for new trial extending the filing deadline.

Questions Presented

1. Whether the court of appeals had jurisdiction when the notices of appeal were filed after the deadline prescribed by Texas Rule of Appellate Procedure 26.2(a).
2. Whether the appeals should be dismissed because no timely notice of appeal was filed.

Disposition

dismissed