NO. 12-20-00275-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JUSTIN ALLEN JONES,

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

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§

§

APPEAL FROM THE 2ND 

JUDICIAL DISTRICT COURT

CHEROKEE COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Justin Allen Jones filed a notice of appeal to challenge his conviction in trial court cause 

number 21394. 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 an appellate court may extend the time to file the notice of appeal if, within fifteen days after 

the filing deadline, the party “(a) files in the trial court the notice of appeal; and (b) files in the 

appellate court a motion complying with Rule 10.5(b).” TEX. R. APP. P. 26.3.

In this case, sentence was imposed on November 6, 2020, and the case information sheet 

from the Cherokee County District Clerk’s Office reflects that Appellant did not file a motion for 

new trial; thus, Appellant’s notice of appeal was due on or before December 7. See TEX. R. APP.

P. 26.2(a). Appellant filed his notice of appeal on December 14 and did not file a motion for 

extension of time. 

On December 16, 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 
2

would be dismissed unless the information was amended on or before December 28 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). If a notice of appeal is filed within the fifteen-day 

period, but no timely motion for extension of time is filed, the appellate court lacks jurisdiction 

to dispose of the purported appeal in any manner other than by dismissing it for lack of 

jurisdiction. Olivo, 918 S.W.2d at 522-23. 

Here, Appellant’s notice of appeal was not timely filed and he did not file a motion for 

extension with this Court within the time prescribed by Rule 26.3. Accordingly, we dismiss

Appellant’s appeal for want of jurisdiction.

2 See id. at 522; see also TEX. R. APP. P. 43.2(f). 

Opinion delivered January 13, 2021.

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).

2 Unlike the Texas Supreme Court, the Texas Court of Criminal Appeals has not held that an extension is 

implied when a notice of appeal is filed within fifteen days after the filing deadline. Lair v. State, 321 S.W.3d 158, 

159 (Tex. App.—Houston [1st Dist.] 2010, pet. ref’d) (citing Few v. State, 230 S.W.3d 184, 189–90 (Tex. Crim. 

App. 2007), Bayless v. State, 91 S.W.3d 801 (Tex. Crim. App. 2002), Verburgt v. Dorner, 959 S.W.2d 615, 617 

(Tex. 1997)).
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JANUARY 13, 2021

NO. 12-20-00275-CR

JUSTIN ALLEN JONES,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 2nd District Court

of Cherokee County, Texas (Tr.Ct.No. 21394)

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.