NOS. 12-22-00307-CR

12-22-00308-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JEREMY RAY ADAMS, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

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APPEAL FROM THE 402ND

JUDICIAL DISTRICT COURT

WOOD COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Jeremy Ray Adams, acting pro se, filed a notice of appeal from judgments in which 

sentences were imposed on September 29, 2022. In a criminal case, the appellant perfects an 

appeal by timely filing a sufficient notice of appeal. TEX. R. APP. P. 25.2(b). The notice of 

appeal must be filed (1) within thirty days after the day sentence is imposed or suspended in 

open court or after the day the trial court enters an appealable order, or (2) within ninety days 

after the day sentence is imposed or suspended in open court if the defendant timely files a 

motion for new trial. TEX. R. APP. P. 26.2(a). The appellate court may extend the time for filing 

a notice of appeal if, within fifteen days after the deadline for filing the notice, the party files in 

the trial court the notice of appeal and files in the appellate court a motion complying with Rule 

10.5(b). TEX. R. APP. P. 26.3. Here, Appellant filed his notice of appeal on December 1, 2022, 

after expiration of the time for filing a timely notice of appeal or seeking an extension of time to 

file the notice of appeal. He did not file any motions for new trial in the trial court.

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

failed to show the jurisdiction of the Court, i.e., there was no notice of appeal filed within the 

time allowed by the rules of appellate procedure and no timely motion for an extension of time to 

file the notice of appeal. See TEX. R. APP. P. 26.2(a), 26.3. We informed Appellant that the 
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appeals would be dismissed unless the information was amended on or before December 12 to 

show this Court’s jurisdiction. This deadline expired without a response from Appellant. 

“[A]ppeals by either the State or the defendant in a criminal case are permitted only when 

they are specifically authorized by statute.” State ex rel. Lykos v. Fine, 330 S.W.3d 904, 915 

(Tex. Crim. App. 2011). This Court is not authorized to extend the time for perfecting an appeal 

except as provided by the Texas Rules of Appellate Procedure.1 See TEX. R. APP. P. 26.2, 26.3; 

see also 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). Because Appellant’s notice of appeal was not timely 

filed and he did not file a motion for extension with this Court within the time prescribed by Rule 

26.3, we dismiss Appellant’s appeals for want of jurisdiction. See Olivo, 918 S.W.2d at 522; see 

also TEX. R. APP. P. 43.2(f). 

Opinion delivered December 21, 2022.

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

(DO NOT PUBLISH)

1 Only the court of criminal appeals has jurisdiction to grant an out-of-time appeal. See Ater v. Eighth

Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); see also Kossie v. State, No. 01-16-00738-CR, 

2017 WL 631842, at *1-2 (Tex. App.—Houston [1st Dist.] Feb. 16, 2017, no pet. h.) (mem. op., not designated for 

publication) (dismissing for lack of jurisdiction because appellant could not pursue out of time appeal without 

permission from court of criminal appeals); see TEX. CODE CRIM. PROC. ANN. art 11.07 § 3(a) (West 2005).
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

DECEMBER 21, 2022

NO. 12-22-00307-CR

JEREMY RAY ADAMS,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 402nd District Court

of Wood County, Texas (Tr.Ct.No. 24,727-2021)

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

being considered, it is the opinion of this Court that it 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., Hoyle, J. and Neeley, J
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

DECEMBER 21, 2022

NO. 12-22-00308-CR

JEREMY RAY ADAMS,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 402nd District Court

of Wood County, Texas (Tr.Ct.No. 24,728-2021)

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

being considered, it is the opinion of this Court that it 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., Hoyle, J. and Neeley, J