NOS. 12-19-00270-CR

 12-19-00271-CR

12-19-00272-CR

12-19-00273-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JOHNNY FLOYD CROCKER, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

§

§

§

APPEALS FROM THE 114TH 

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Johnny Floyd Crocker, acting pro se, appeals from his convictions in trial court cause 

numbers 4-95-636, 4-95-637, 4-95-638, and 4-95-639. Under the rules of appellate procedure, the 

notice of appeal must be filed within thirty days after the sentence is imposed or suspended in open 

court, or after the day the trial court enters an appealable order; or within ninety days 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, sentence was imposed 

on February 16, 1996. Appellant filed his notice of appeal on August 5, 2019, 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 August 9, 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 appeals would be 
2

dismissed unless the information was amended on or before August 19 to show this Court’s 

jurisdiction. This deadline passed without a response from Appellant. 

“[I]n Texas, appeals 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). Accordingly, we dismiss Appellant’s appeals for 

want of jurisdiction. See TEX. R. APP. P. 43.2(f). 

Opinion delivered September 11, 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

SEPTEMBER 11, 2019

NO. 12-19-00270-CR

JOHNNY FLOYD CROCKER,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 114th District Court 

of Smith County, Texas (Tr.Ct.No. 4-95-636)

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

SEPTEMBER 11, 2019

NO. 12-19-00271-CR

JOHNNY FLOYD CROCKER,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 114th District Court 

of Smith County, Texas (Tr.Ct.No. 4-95-637)

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

SEPTEMBER 11, 2019

NO. 12-19-00272-CR

JOHNNY FLOYD CROCKER,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 114th District Court 

of Smith County, Texas (Tr.Ct.No. 4-95-638)

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

SEPTEMBER 11, 2019

NO. 12-19-00273-CR

JOHNNY FLOYD CROCKER,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 114th District Court 

of Smith County, Texas (Tr.Ct.No. 4-95-639)

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.