Opinion filed December 15, 2016

In The

Eleventh Court of Appeals 

___________

No. 11-16-00305-CR

___________

KEITH ELLIOT WOOD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 104th District Court

Taylor County, Texas

Trial Court Cause No. 20161B

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

Keith Elliot Wood filed an untimely pro se notice of appeal from a conviction 

for the offense of possession of methamphetamine. We dismiss the appeal. 

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

imposed on July 22, 2016, and that his notice of appeal was filed in the district 

clerk’s office on October 19, 2016. When the appeal was filed in this court, we 

notified Wood and his trial counsel that the notice of appeal appeared to be untimely
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and that the appeal may be dismissed for want of jurisdiction. We requested that 

Appellant respond to our letter and show grounds to continue. After the notice of 

appeal was filed, the trial court permitted trial counsel to withdraw and appointed 

new counsel to represent Appellant on appeal.

Appellant has responded to our jurisdictional inquiry. He acknowledges that 

neither a motion for new trial nor a notice of appeal was timely filed, but he indicates 

that he timely requested that his trial counsel pursue a new trial or an appeal. 

Appellant suggests that he did not have counsel during the time in which to timely 

file a motion for new trial or a notice of appeal, and he asks that we either abate the 

appeal and extend the deadlines for the motion for new trial and the notice of appeal 

or abate the appeal and remand for a hearing to determine whether Appellant had 

effective counsel during the time in which to perfect his appeal.

Pursuant to 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 did not file a motion for new trial and that his

notice of appeal was not filed with the clerk of the trial court until eighty-nine days

after sentence was imposed. The notice of appeal was, therefore, untimely. 

Furthermore, Appellant did not file a timely motion for extension. See TEX. R.

APP. P. 26.3(b). 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 the 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).
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We are not authorized to grant the relief requested by Appellant in his 

response. Article 11.07 of the Texas Code of Criminal Procedure vests complete 

jurisdiction over postconviction relief from final felony convictions 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 out-of-time 

appeal. See Ater, 802 S.W.2d at 243. The appropriate vehicle for Appellant to seek

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

Criminal Appeals pursuant to Article 11.07.

This appeal is dismissed for want of jurisdiction.

PER CURIAM

December 15, 2016

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

Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.