In The 

Court of Appeals 

Seventh District of Texas at Amarillo

________________________

No. 07-13-00314-CR 

________________________

KENDRA DRAUGHAN, APPELLANT 

 

V. 

 

THE STATE OF TEXAS, APPELLEE 

 

 

On Appeal from the 137th District Court 

Lubbock County, Texas 

Trial Court No. 2010-428,943; Honorable John J. “Trey” McClendon, Presiding 

 

October 7, 2013 

 

MEMORANDUM OPINION 

 

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. 

Appellant, Kendra Draughan, was convicted of possession of a controlled 

substance with intent to deliver one gram or more but less than four.1 According to the 

Criminal Appeal Certificate filed by the Lubbock County District Clerk, punishment was 

assessed at ten years confinement. Pending before this Court is Appellant’s Motion for 

Extension of Time requesting additional time to file the notice of appeal. According to 

 

1

TEX. HEALTH & SAFETY CODE ANN. § 481.112(c) (West 2010).
2

the motion, Appellant was on community supervision, which was revoked on August 5, 

2013.2 Appellant asserts that the judgment or order of revocation has either been lost 

or not signed. According to the Criminal Appeal Certificate, no motion for new trial was 

filed. Notice of appeal was filed in the trial court on September 20, 2013. For the 

reasons expressed herein, we dismiss this purported appeal for want of jurisdiction.

A timely and proper notice of appeal invokes this Court’s jurisdiction. State v. 

Riewe, 13 S.W.3d 408, 410 (Tex.Crim.App. 2000). When, as here, no motion for new 

trial is filed, a notice of appeal must be filed within thirty days after the day sentence 

was imposed. TEX. R. APP. P. 26.2(a)(1). The deadline may be extended if, within 

fifteen days, the party files the notice with the trial court clerk and also files a motion for 

extension of time in compliance with Rule 10.5(b) of the Texas Rules of Appellate 

Procedure in this Court. See TEX. R. APP. P. 26.3. This Court has no authority to 

invoke Rule 2 of the Texas Rules of Appellate Procedure to enlarge the time in which to 

file a notice of appeal. See TEX. R. APP. P. 2; Slaton v. State, 981 S.W.2d 208, 210 

(Tex.Crim.App. 1998).

The Criminal Appeal Certificate reflects that Appellant’s sentence was imposed in 

open court on August 5, 2013. No motion for new trial having been filed, the thirtieth 

day to file the notice of appeal was September 4, 2013. Applying the fifteen day 

extension provided by Rule 26.3 extended the deadline to September 19, 2013. The 

notice of appeal, however, was not filed until September 20, 2013, after all deadlines for 

 

2

The Criminal Appeal Certificate does not reflect that Appellant was placed on community supervision.
3

doing so had expired. Appellant's untimely filing of her notice of appeal prevents this 

Court from acquiring jurisdiction to entertain her appeal.3

Consequently, this purported appeal is dismissed for want of jurisdiction.

Patrick A. Pirtle

 Justice

Do not publish.

 

3

Appellant may be entitled to relief by filing a post-conviction writ of habeas corpus returnable to the 

Texas Court of Criminal Appeals for consideration of an out-of-time appeal. See TEX. CODE CRIM. PROC.

ANN. art. 11.07 (West Supp. 2012).