Summary
The Fourth Court of Appeals of Texas addresses whether it has jurisdiction over an untimely criminal appeal. The court ordered appointed appellate counsel to show cause why the appeal should not be dismissed because the notice of appeal was filed after the deadline, while keeping appellate deadlines suspended.
Topics
Practice areas
Questions Presented
- Whether the court of appeals had jurisdiction over the appeal when appellant filed his notice of appeal after the applicable deadline and did not file a motion for extension.
- Whether appellant should be required to show cause why the appeal should not be dismissed for lack of jurisdiction.
Holdings
- A timely notice of appeal is necessary to invoke the jurisdiction of the court of appeals; when no motion for new trial is timely filed, a criminal defendant generally must file the notice within thirty days after sentence is imposed or suspended, subject to the applicable extension procedure.
Key quotations
“A timely notice of appeal is necessary to invoke the jurisdiction of this Court.”
“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.”
Factual background
The trial court imposed sentence on November 13, 2020. Appellant did not file a motion for new trial, and his notice of appeal was filed on December 22, 2020, after the December 14 deadline. The appellate court also addressed changes in appellant's representation, including withdrawals by trial and retained counsel and appointment of Dean Diachin as appellate counsel.
Procedural history
The trial court imposed sentence on November 13, 2020. Because no motion for new trial was filed, the notice of appeal was due December 14, 2020, but appellant filed his pro se notice on December 22, 2020 without seeking an extension. The court ordered appellant to show cause why the appeal should not be dismissed for lack of jurisdiction, later abated the matter for findings concerning appellate counsel, and ordered appointed appellate counsel to respond.
Remand instructions
The court abated the cause to the trial court for findings concerning representation and ordered appointed appellate counsel to file a written response by February 11, 2021 explaining why the appeal should not be dismissed for lack of jurisdiction. All appellate deadlines remained suspended.