Opinion filed January 6, 2017

In The

Eleventh Court of Appeals 

___________

No. 11-16-00351-CR

___________

ANGELITA FERNANDEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 32nd District Court

Mitchell County, Texas

Trial Court Cause No. 7560

M E M O R A N D U M O P I N I O N

Angelita Fernandez has filed an untimely notice of appeal from a conviction 

for the third-degree felony offense of “prohibited item in a correctional facility.” We 

dismiss the appeal. 

The documents on file in this case indicate that Appellant’s sentence was

imposed on June 8, 2016, and that her notice of appeal was filed in the district clerk’s 

office on December 9, 2016, six months after Appellant was sentenced. Pursuant to 
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TEX. R. APP. P. 26.2(a), a notice of appeal is due to be filed either (1) within thirty 

days after the date that sentence is imposed in open court or (2) if the defendant 

timely files a motion for new trial, within ninety days after the date that sentence is 

imposed in open court. A notice of appeal must be in writing and filed with the clerk 

of the trial court. TEX. R. APP. P. 25.2(c)(1). The documents on file in this court

reflect that Appellant timely filed a motion for new trial but that she did not file her

notice of appeal until 184 days after her sentence was imposed. The notice of appeal

was, therefore, untimely. Absent a timely filed notice of appeal or the granting of a 

timely motion for extension of time, we do not have jurisdiction to entertain this

appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 

918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108, 

110 (Tex. Crim. App. 1993). 

When the appeal was filed in this court, we notified Appellant by letter that 

the notice of appeal appeared to be untimely and that the appeal may be dismissed

for want of jurisdiction. We requested that Appellant respond to our letter and show 

grounds to continue. 

Appellant promptly responded by filing a sworn statement in support of an

out-of-time appeal. In the statement, Appellant indicates that she received 

ineffective assistance from her court-appointed trial counsel who filed the motion 

for new trial but failed to file a motion to withdraw or a notice of appeal despite trial 

counsel’s knowledge that, at the time of sentencing, the trial court granted Appellant 

an appeal bond. 

We have considered Appellant’s response; however, we are without authority 

to proceed with this appeal. Neither the trial court nor this court has jurisdiction to 

grant an out-of-time appeal. Article 11.07 of the Texas Code of Criminal Procedure

vests complete jurisdiction over postconviction relief from final felony convictions 
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in the Texas Court of Criminal Appeals. TEX. CODE CRIM. PROC. ANN. art. 11.07 

(West 2015); Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993); Ater v. 

Eighth Ct. of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). The Court of 

Criminal Appeals is the only court with jurisdiction to consider a motion for an outof-time appeal. See Ater, 802 S.W.2d at 243. The appropriate vehicle for Appellant 

to seek an out-of-time appeal is for her to pursue a writ of habeas corpus from the 

Court of Criminal Appeals pursuant to Article 11.07.

Accordingly, we dismiss this appeal for want of jurisdiction. 

PER CURIAM

January 6, 2017 

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.