Summary
The Thirteenth 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. The court explained that the notices were due by November 3, 2025, but were not filed until November 20, 2025, and noted that only the Texas Court of Criminal Appeals may grant out-of-time appeals for the felony convictions.
Holdings
- Because appellant did not file motions for new trial, his notices of appeal were due within thirty days after the sentences were imposed. Notices filed on November 20, 2025, after the November 3, 2025 deadline, were untimely and did not invoke the court of appeals' jurisdiction.
- In the absence of a timely notice of appeal, the court of appeals lacked jurisdiction to address the merits and could take no action other than dismissing the appeals for want of jurisdiction.
Questions Presented
- Whether the court of appeals had jurisdiction over appeals filed after the applicable deadline for filing a notice of appeal.
- Whether the court could reach the merits or take any action other than dismissing the appeals for want of jurisdiction.
Disposition
dismissed
Cases Cited (6)
- Smith v. State, 559 S.W.3d 527, 531 (Tex. Crim. App. 2018)(followed)
- Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012)(followed)
- Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996)(followed)
- Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998)(followed)
- Ex parte Matthews, 452 S.W.3d 8, 11 (Tex. App.—San Antonio 2014, no pet.)(followed)
- Ater v. Eighth Ct. of Apps., 802 S.W.2d 241, 243 (Tex. Crim. App. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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