Cody Ray Rockey v. The State of Texas

Summary

The Texas Tenth Court of Appeals dismissed Cody Ray Rockey's criminal appeal for want of jurisdiction because his notice of appeal was filed outside the applicable 90-day deadline. The court applied Texas Rule of Appellate Procedure 26.2(a)(2), which governs appeals when a motion for new trial is filed.

Holdings

1. When a motion for new trial is filed in a criminal case, the notice of appeal must be filed within 90 days after sentence is imposed or suspended in open court. Appellant's notice of appeal, filed on March 2, 2026, was untimely.
2. An untimely notice of appeal deprives the court of jurisdiction, requiring dismissal for want of jurisdiction.

Questions Presented

1. Whether the notice of appeal was timely under Texas Rule of Appellate Procedure 26.2(a)(2).
2. Whether the court of appeals had jurisdiction over the appeal.

Disposition

dismissed