NO. 12-23-00320-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

EX PARTE: 

PHILIP J. EMERSON, JR.

§

§

§

APPEAL FROM THE 

COUNTY COURT

WOOD COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

On December 15, 2023, Philip J. Emerson, acting pro se, filed a notice of appeal to 

challenge a September 7, 2023, order of denial and dismissal.

1

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. The Wood County 

online records do not reflect that Emerson filed a timely motion for new trial. He filed a pro se

1 Emerson has been declared vexatious. However, this is a criminal proceeding, and the vexatious litigant 

statute does not apply. See Ex Parte Ross, No. 12-16-00078-CV, 2017 WL 605090, at *2 (Tex. App.—Tyler Feb. 

15, 2017, orig. proceeding) (mem. op.) (trial court abused discretion by declaring Ross vexatious because his filings 

within applicable time frame were criminal in nature and he did not have requisite number of previous civil 

litigations to qualify as vexatious); see also TEX. CIV. PRAC. & REM. CODE ANN. § 11.001(2) (West 2017) 

(“Litigation” means a civil action commenced, maintained, or pending in any state or federal court).
2

notice of appeal on December 15, after expiration of the time for filing a timely notice of appeal

and did not file a motion for extension of time.

On December 20, 2023, this Court notified Emerson that the notice of appeal failed to 

show the jurisdiction of the Court, namely, there was no notice of appeal filed within the time 

allowed by the rules of appellate procedure and no timely motion for extension to file same. See

TEX. R. APP. P. 37.2. We further notified Emerson that the appeal would be dismissed unless the 

information was amended on or before January 2 to show the jurisdiction of the Court. Emerson 

filed various motions, but none establish the jurisdiction of this Court.

“[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.2 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 Emerson’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 his appeal for want of jurisdiction. See Olivo, 918 S.W.2d at 522; see also 

TEX. R. APP. P. 43.2(f). All pending motions are overruled as moot.

Opinion delivered January 3, 2024.

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

(DO NOT PUBLISH)

2 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 

JANUARY 3, 2024 

NO. 12-23-00320-CR

EX PARTE: PHILIP J. EMERSON, JR.

Appeal from the County Court 

of Wood County, Texas (Tr.Ct.No. 7689) 

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.