Zachery Rene Lamas v. the State of Texas

Summary

The Seventh District Court of Appeals of Texas dismissed Zachery Rene Lamas’s appeal from his conviction for sexual assault of a child because his notice of appeal was filed nearly four years after the deadline. The court held that the untimely notice deprived it of jurisdiction and noted that Lamas might seek an out-of-time appeal through an application for habeas corpus.

Holdings

1. The timely filing of a written notice of appeal is a jurisdictional prerequisite, and because Lamas filed his notice of appeal after the deadline, the court lacked jurisdiction and was required to dismiss the appeal.

Questions Presented

1. Whether the court of appeals had jurisdiction over an appeal filed after the deadline for a criminal notice of appeal.
2. Whether the appeal should be dismissed when the appellant failed to demonstrate grounds for excusing the untimely filing.

Disposition

dismissed