NO. 12-13-00390-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

BILLY MACK DICKERSON, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

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APPEAL FROM THE 273RD 

JUDICIAL DISTRICT COURT

SABINE COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction. Appellant was convicted of 

aggravated assault, and his sentence was imposed in open court on November 6, 2013.

Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice 

of appeal is filed within thirty days after the day sentence is imposed or suspended in open court 

unless a motion for new trial is timely filed. TEX. R. APP. P. 26.2(a)(1). Appellant did not file a 

motion for new trial. Therefore, his notice of appeal was due to have been filed on or before 

December 6, 2013. See TEX. R. APP. P. 26.2(a)(1). Appellant did not file his notice of appeal 

until December 26, 2013, and did not file a motion for extension of time to file his notice of 

appeal as permitted by Texas Rule of Appellate Procedure 26.3. See TEX. R. APP. P. 26.3 

(appellate court may extend time for filing notice of appeal if, within fifteen days after deadline 

for filing notice of appeal, appellant files notice of appeal in trial court and motion complying 

with Texas Rule of Appellate Procedure 10.5(b) in appellate court). Therefore, his notice of 

appeal was untimely.

On December 31, 2013, this court notified Appellant that his notice of appeal was 

untimely and that there was no timely motion for an extension of time to file the notice of appeal 

as permitted by Rule 26.3. Appellant was further informed that the appeal would be dismissed 
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unless, on or before January 10, 2014, the information filed in this appeal was amended to show 

the jurisdiction of this court. The deadline has passed, and Appellant has neither shown the 

jurisdiction of this court nor otherwise responded to its December 31, 2013 notice.

Because this court has no authority to allow the late filing of a notice of appeal except as 

provided by Rule 26.3, the appeal must be dismissed. See Slaton v. State, 981 S.W.2d 208, 210 

(Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). 

Accordingly, the appeal is dismissed for want of jurisdiction. 

Opinion delivered January 15, 2014.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JANUARY 15, 2014

NO. 12-13-00390-CR

BILLY MACK DICKERSON,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 273rd District Court 

of Sabine County, Texas (Tr.Ct.No. 6804)

THIS CAUSE came to be heard on the appellate record; and the same 

being considered, it is the opinion of this court that this court is without jurisdiction of the 

appeal, and that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this court that 

this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision 

be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.