Opinion filed March 24, 2022

In The

Eleventh Court of Appeals ___________ 

No. 11-22-00038-CR 

___________ 

JOSE LOUIS SANCHEZ, JR., Appellant

V. 

THE STATE OF TEXAS, Appellee

On Appeal from the 42nd District Court 

Taylor County, Texas 

Trial Court Cause No. 27345A

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

In 2017, a jury convicted Appellant, Jose Louis Sanchez, Jr., of the offense of 

continuous sexual abuse of a child and assessed Appellant’s punishment at 

imprisonment for forty-five years. Appellant now attempts to appeal his conviction. 

However, because the notice of appeal was not timely filed, we must dismiss the 

appeal. 

Pursuant to the Texas Rules of Appellate Procedure, a notice of appeal is due 

to be filed either (1) within thirty days after the date that sentence is imposed or 
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suspended 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 or suspended in open court. 

TEX.R. APP. P. 26.2(a). 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 appeal 

indicate that Appellant’s sentence was imposed on August 31, 2017, and that

Appellant filed his pro se notice of appeal on February 17, 2022—over four years

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

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 an 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). Because the notice of appeal was not timely filed, we have no jurisdiction 

over this appeal and must dismiss it. See Slaton, 981 S.W.2d at 210.

When the appeal was docketed in this court, we notified Appellant that the 

notice of appeal appeared to be untimely, and we informed him that this appeal may 

be dismissed for want of jurisdiction. We requested that Appellant file a response 

showing grounds upon which this appeal could continue. Appellant has filed a 

response in this court in which he asks that he be allowed to file an out-of-time 

appeal. 

However, we are not authorized to grant the relief requested by Appellant in 

his response; this court has no authority to grant permission to file an out-of-time 

appeal. See id. 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) (orig. proceeding). 

The Court of Criminal Appeals is the only court with jurisdiction to consider a 
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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.

We dismiss this appeal for want of jurisdiction. 

PER CURIAM

March 24, 2022

Do not publish.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

Panel consists of: Bailey, C.J., 

Trotter, J., and Williams, J.