In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-19-00123-CR 

No. 07-19-00124-CR 

No. 07-19-00125-CR 

PAUL CHARLES NEATHERLIN, JR., APPELLANT 

 

V. 

 

THE STATE OF TEXAS, APPELLEE 

 

On Appeal from the 385th District Court 

Midland County, Texas 

Trial Court Nos. CR48092, CR48259, & CR49181, Honorable Robert H. Moore, III, Presiding 

 

April 12, 2019 

 

MEMORANDUM OPINION 

 

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. 

In 2017, appellant Paul Charles Neatherlin, Jr. was convicted of possession of a 

controlled substance,1fraudulent use or possession of identifying information,2 and failure 

to appear in accordance with the terms of his release.

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 He was sentenced to ten years’ 

 

1 TEX. HEALTH & SAFETY CODE ANN. § 481.115(c) (West 2017).

2 TEX. PENAL CODE ANN. § 32.51(c)(2) (West 2016).

3 TEX. PENAL CODE ANN. § 38.10(f) (West 2016).
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imprisonment for each conviction, but his sentences were suspended in favor of 

community supervision for five years. On February 15, 2019, the trial court revoked 

appellant’s community supervision and imposed the original sentences. Appellant filed a 

notice of appeal from each conviction in the Eleventh Court of Appeals. The appeals 

were subsequently transferred to this court by the Supreme Court of Texas. See TEX.

GOV’T CODE ANN. § 73.001 (West 2013). We dismiss the appeals for want of jurisdiction.

The timely filing of a written notice of appeal is a jurisdictional prerequisite to 

hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In a 

criminal case, the notice of appeal must be filed within thirty days after sentence is 

imposed or within ninety days after sentence is imposed if the defendant timely files a 

motion for new trial. TEX. R. APP. P. 26.2(a). This deadline can be extended if, within 

fifteen days of the deadline, appellant files a notice of appeal and a motion for extension 

of time. TEX. R. APP. P. 26.3. When a notice of appeal but no motion for extension of 

time is filed within the fifteen-day extension period, an appellate court lacks jurisdiction to 

dispose of the purported appeal in any manner other than by dismissing it for want of 

jurisdiction. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). 

The trial court revoked appellant’s community supervision and sentenced

appellant on February 15, 2019. Because no motion for new trial was filed, appellant’s

notice of appeal was due within thirty days after the sentences were imposed, by March 

18, 2019. See TEX. R. APP. P. 26.2(a)(1), 4.1(a). Appellant filed his notices of appeal on

March 25, 2019, within the fifteen-day extension period, but did not file a motion for 

extension of time. See TEX. R. APP. P. 26.3. By letter of March 28, the Eleventh Court of 

Appeals notified appellant that his notices of appeal were filed untimely and that the
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appeals could be dismissed if he did not file a motion for extension of time within the 

fifteen-day extension period, by April 2. Appellant did not file a motion for extension or 

respond to the court’s letter.

Because appellant’s untimely filed notices of appeal prevent this court from 

acquiring jurisdiction over the appeals, we dismiss the appeals for want of jurisdiction.

Per Curiam

Do not publish.