Summary
The Fourth Court of Appeals of Texas dismissed Christopher Dillard’s appeal from a conviction for sexual assault of a child for lack of jurisdiction. The court held that the notice of appeal was untimely because it was filed after the applicable thirty-day deadline and no motion for new trial had been filed.
Topics
Practice areas
Questions Presented
- Whether the court of appeals had jurisdiction over an appeal filed more than thirty days after sentencing when the appellant did not file a motion for new trial.
Holdings
- A defendant who does not timely file a motion for new trial must file a notice of appeal within thirty days after sentence is imposed or suspended. Because Dillard filed his notice of appeal after that deadline, the court lacked jurisdiction over the appeal.
Key quotations
“A timely notice of appeal is necessary to invoke” appellate jurisdiction.” (at 1)
“A defendant’s notice of appeal is timely if filed within thirty days after the day sentence is imposed or suspended, or within ninety days after sentencing if the defendant timely files a motion for new trial.” (at 1)
Factual background
Dillard was convicted of sexual assault of a child under Texas Penal Code section 22.011(a)(2). The trial court imposed sentence on August 7, 2025, and Dillard did not file a motion for new trial. He filed his notice of appeal on November 5, 2025.
Procedural history
The trial court imposed sentence on August 7, 2025, in Real County cause number 2021-1420-DR. Dillard did not file a motion for new trial, so his notice of appeal was due September 8, 2025, but he filed it on November 5, 2025. After the appellate court issued a show-cause order, Dillard acknowledged the jurisdictional defect and did not contest dismissal.