## NO S

. 12

- 22

- 00307

- CR 12

- 22

- 00308

- CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JER EMY RAY ADAMS , APPELLANT

V.

THE STATE OF TEXAS , APPELLEE §

§

§ APPEAL FROM THE 402ND

JUDICIAL DISTRICT COURT

WOOD COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM Jeremy Ray Adams , acting pro se, filed a notice of a pp ea l from judgment s i n which

s entence s were im posed on September 29 , 20 22

. In a criminal case, the appellant perfects an appeal by timely filing a sufficient notice of appe al. T EX

. R. A PP

. P. 25.2(b). The notice of appeal must be filed (1) within thirty days af ter th e day sentence i s imposed or su s pended in open court or afte r the day the trial court enters an appealable order, or (2) within ninety days after the day sente nce is imposed or suspended in open court if the defendant timely fil es a
motion for new tr ial

. T EX

. R. A PP

. P. 26.2 (a) . The a p pellate court may extend the time for filing a notice of appeal if, within fifteen days after the deadline for filing the notic e, the party files in the trial court the notice of appeal and files in the appellat e court a mot ion complying wi th Rule

1 0.5(b)

. T EX

. R. A PP

. P. 2 6.3. Here, Appellant filed his n otice of appeal on December 1 , 2022,
after expiration of the time for fili ng a ti mely notice of appeal o r seeking an extension of time to

file the notice of appeal

. H e did not file any m otions for new t rial in the trial court.

On December 1
, the Clerk of this Court notified Appellant that the in formation received

failed to show the jurisdiction of the Court, i.e., there was no n ot ice of appeal filed within the time allowed by the rules of appellate proce dure a nd no timely m oti on for an extension of time to

file the notice of appeal. See T EX

. R. A PP

. P. 26.2 (a), 26.3 . We informe d A ppellant that the2 appeal s would be dismissed unless t he information was amended on or before December 12 to
sh ow this Court ’ s j urisdictio n. This deadline expired wi th out a response from App ellant.

“ [A] ppeals by either the State or the def endant i n a criminal case a re permitted only when they are specif ically authorized by statute .” State ex rel. Lykos v. F ine , 330 S.W.3 d 9 04, 915 (T ex. C rim. App. 2011). T his Court is not authorized t o extend t he time for perfecting an appeal
except as pr ovided b y the Texas Rules o f Appellate Procedure. 1 See T EX

. R. A P P

. P. 2 6.2, 26.3;

see also Slaton v. State , 981 S.W.2d 2 08, 210 (Tex. Cri m. A pp. 19 98); Olivo v. State , 918

S.W .2d 519, 522 (Tex. Crim. App. 199 6)

. B ecause Appellant ’ s notice of appeal was not ti mel y
filed and he did not file a motion for extension with t his Court within the time prescribe d by Ru le

26.3 , we dismiss A ppellant’ s appeal s for want of jurisdiction

. See Olivo
, 918 S.W.2d at 522 ; see
al

so T EX

. R

. A PP

. P. 43.2(f). Opinion delivered December 21
, 2022

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

( D O NOT PUBLISH )

1 O nly the cour t of cr iminal appea ls has jurisdiction to grant an out

- of

- time appea l. See Ater v. Eighth Court of Appeals
, 802 S.W .2d 24 1, 243 (Tex. Crim. App. 1991); see also Kossie v. State , No. 01

- 16

- 00738

- CR, 2017 WL 63184 2, at *1

- 2 (Tex. App

. — Houston [1s t Dist.] Feb . 16, 2 017, no pet. h.) (mem. op., not designated for publication) ( dismissing for lack o f jurisdiction beca use app ellant c ould not pursue out of time appeal without permission from court of criminal appeals) ; s ee T E X

. C ODE C RIM

. P ROC

. A NN

. art 11.07 § 3(a ) (We st 2005).

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

J UDGMENT

DECEMBER 2 1 , 2022

NO. 12

- 22

- 00307

- CR

J EREMY RAY ADAMS , Appellant V. THE STATE OF TEXAS , Appellee

Appeal from the 402nd District Court

of Wood County, Texas (Tr .Ct.No. 24,727

- 202 1 )

THIS CAU SE came on to be heard on the appellate record, and the same

be ing considered, it is the opinion of this Court that it is wi thout juri sdiction of the appeal, and

th at the ap peal should be dismissed. It is therefore ORDERED, ADJ UDGED and DECREED by this Cou rt that

th is appeal be, and the same is, hereby dis m issed for w ant of jurisdiction ; a nd that this decisi on
be certified to t he court b elow for observance. By per curiam opinion

. Panel consisted of Worthen, C.J., Hoyle, J. and N eeley, J

## COU RT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDG MENT

DECEMBER 2 1 , 2022

NO. 12

- 22

- 0030 8

- CR

JEREM Y RAY ADAMS , Appellant V. THE STATE OF TEXAS , Appellee

Appeal from the 402nd District Court

of Wood County, Texas (Tr.Ct. No. 24,72 8

- 2021 )

THIS CAU SE came on to be heard on the appellate record, and th e same
be ing considered, it is the opinion of this Co urt that it is wi thout juri sdiction of the appeal, and

th at the ap peal should be dismissed. It is therefore ORDERED, ADJUDG ED and DECREED by this Cou rt that

th is appeal be, and the same is, hereby dism is sed for w ant of jurisdiction ; a nd that this decision

be certified to t he court b elow for observance. By per curiam opinion

. Panel consisted of Worthen, C.J., Hoyle, J. and Neel ey, J