DISMISS and Opinion Filed April 5, 2013

S

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-13-00270-CR

SEAN KEITH SHARER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 416th Judicial District Court

Collin County, Texas

Trial Court Cause No. 416-81234-2011

MEMORANDUM OPINION

Before Justices Bridges, FitzGerald, and Myers 

Opinion by Justice FitzGerald

Sean Keith Sharer was convicted of theft of property valued at $20,000 or more but less 

than $100,000. Punishment, enhanced by one prior felony conviction, was assessed at five 

years’ imprisonment. Sentence was imposed in open court on November 2, 2012. Appellant 

filed a timely motion for new trial; therefore, his notice of appeal was due by January 31, 2013. 

See TEX. R. APP. P. 26.2(a)(2). On February 14, 2013, appellant sent the Collin County District 

Clerk a letter inquiring about the status of his appeal. A notice of appeal was filed for appellant 

on February 22, 2013. Because it appeared appellant’s notice of appeal was untimely, we 

directed the parties to file letter briefs addressing our jurisdiction over the appeal. Neither 

appellant nor the State responded. We conclude we lack jurisdiction over the appeal.

“Timely filing of a notice of appeal is a jurisdictional prerequisite to hearing an appeal.” 

Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). If the notice of appeal is not 
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timely, a court of appeals has no option but to dismiss the appeal for lack of jurisdiction. Id. If a 

timely motion for new trial is filed, a notice of appeal is due within ninety days of the date 

sentence is imposed in open court. See TEX. R. APP. P. 26.2(a)(2). An appellate court may 

extend the time to file a notice of appeal if, within fifteen days of the deadline for filing the 

notice of appeal, both the notice of appeal is filed in the trial court and an extension motion is 

filed in the court of appeals. See TEX. R. APP. P. 26.3; Slaton v. State, 981 S.W.2d 208, 209–10 

(Tex. Crim. App. 1998) (per curiam).

Appellant’s notice of appeal was due by January 31, 2013. See TEX. R. APP. 26.2(a)(2). 

Appellant’s notice of appeal was not filed until February 22, 2013, which is outside the fifteenday period provided by rule 26.3. Moreover, even if appellant’s February 14, 2013 letter could 

be construed as a pro se notice of appeal, no extension motion was filed in this Court within 

fifteen days of January 31, 2013. See Slaton, 918 S.W.2d at 209–10. Therefore, we have no 

option but to dismiss the appeal. See Castillo, 369 S.W.3d at 198.

We dismiss the appeal for want of jurisdiction.

Do Not Publish

Tex. R. App. P. 47

130270F.U05

/Kerry P. FitzGerald/

KERRY P. FITZGERALD

JUSTICE
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Court of Appeals

S

Fifth District of Texas at Dallas

JUDGMENT

SEAN KEITH SHARER, Appellant

No. 05-13-00270-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the 416th Judicial District 

Court, Collin County, Texas

Trial Court Cause No. 416-81234-2011.

Opinion delivered by Justice FitzGerald, 

Justices Bridges and Myers participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of 

jurisdiction.

Judgment entered April 5, 2013.

/Kerry P. FitzGerald/

KERRY P. FITZGERALD

JUSTICE