NO. 12-18-00354-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JUAN RETANO, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

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§

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APPEAL FROM THE 241ST 

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of jurisdiction. Juan Retano, acting pro se, filed a 

notice of appeal to challenge his conviction in trial court cause number 241-0024-09. Sentence 

was imposed on October 5, 2010. Under the rules of appellate procedure, the notice of appeal 

must be filed within thirty days after the sentence is imposed or within ninety days after sentence 

is imposed if the defendant timely files a motion for new trial. See TEX. R. APP. P. 26.2(a). Rule 

26.3 provides that a motion to extend the time for filing a notice of appeal must be filed within

fifteen days after the deadline for filing the notice of appeal. TEX. R. APP. P. 26.3. In this case, 

Appellant filed his notice of appeal on December 21, 2018, long after the time for filing a notice 

of appeal under Rule 26.2(a) or for seeking a motion to extend under Rule 26.3. 

On December 21, 2018, 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, 26.3. We informed Appellant that the appeal would 

be dismissed unless the information was amended on or before December 31 to show this Court’s 

jurisdiction. This deadline has now passed, and Appellant has neither shown the jurisdiction of 

this Court nor otherwise responded to the December 21 notice. 
2

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). Accordingly, we dismiss Appellant’s appeal for want of jurisdiction. See TEX.

R. APP. P. 43.2(f). 

Opinion delivered January 9, 2019.

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(DO NOT PUBLISH)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

JANUARY 9, 2019

NO. 12-18-00354-CR

JUAN RETANO,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 241st District Court 

of Smith County, Texas (Tr.Ct.No. 241-0024-09)

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.