## 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 §

§

§ APPEAL FROM THE 2ND

JUDICIAL DISTRICT COURT

CHEROKEE COUNTY, TEXAS

MEMORANDUM OP INION PER CURIAM
Justin Allen Jones filed a notice of appeal to challenge his co nviction in trial court cause

num ber 21394

. Under the rules of appellate procedure, the notice of appeal must be filed within
thir ty days afte r the sentence is imposed or w ith in ninety days after sentence is imposed if the defendant timely files a motion for new trial. See T EX

. R. A PP

. P. 26.2(a). Rule 26.3 provides that an appellate court may extend the time to f ile the notice of appeal if, within fifteen days after the filing dead line, 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).” T EX

. R. A PP

. P. 26.3

. In this case, s entence was imposed on November 6, 2020 , and the case information sheet
from the Cherokee County District Clerk ’ s Office reflects that Appellant did not fi le a mo tion for new trial; thus, Appel lant ’ s notice of appeal wa s due on or before December 7

. See T EX

. R. A PP

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

. On December 16 , this Court n otified Appellant that the informatio n 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 appe llate pr ocedu re and no timely motion for an extension of time to file
the no tice of appeal. See T EX

. R. A PP

. P. 26.2, 26.3. We informed Appellant that the appeal2 would be dismissed unless the information was amended on or before December 28 to show this Court’s jur isdicti on. This d eadline passed without a response from Appellant. “[I] n Te xas, appeals by either t he 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.3 d 904, 915 (Tex. C rim. App. 2011). T his Court is not authorized to extend the time for perfecting

an appeal except as provided by the Texas Rules of Appellate Procedure. 1 See T EX

. R. A PP

. P. 26.2, 26.3; see also Slaton v. State , 981 S.W.2d 208 , 210 (Tex. Crim. A pp. 1998); Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 199 6). 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 jurisdict ion. 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
extensi on with this Court within the time prescribe d by Ru le 26.3

. Accordingly, we dismiss Appellant’ s appeal for want of juri sdiction

. 2 See id

. at 522 ; see also T EX

. R. A PP

. P. 43.2(f). Opinion delivered January 13, 2021. Panel c onsisted of Worthen, C.J., Hoyle, J. , and Neeley, J.

( DO NOT PUBLISH )

1 On ly 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 24 1, 243 (Tex. Crim. App. 1991); see also Kossie v. State , No. 01

- 16

- 00738

- CR, 2017 WL 63184 2, at *1

- 2 (Tex. App.

— Houston [1s t Dist.] Feb. 16, 2017, no pet. h.) (mem. op., not designated for publication) (dismissing for lack of jurisdiction because app ellant c ould not pursue out of time appeal without permission from court of criminal appeals) ; s ee T E X

. C ODE C RIM

. P ROC

. A NN

. 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 imp lied when a notice of appeal is filed within fifteen days after the filing deadline. Lair v. State , 321 S.W.3d 15 8, 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 AP PEALS DISTRICT OF TEXAS

JUDGMENT

JANUARY 13 , 2021

NO. 12

- 20

- 00275

- CR

JUSTIN ALLEN JONES , Appellant V. THE STATE OF TEXAS , Appell ee

Appeal from the 2nd District Court
of Cherokee County, Texas (Tr.Ct.No. 21394 )

THIS CAU SE 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
th at the ap peal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this Cou rt that this appeal be, and t he same is, hereby dismissed for want of jurisdiction ; and that this decision
be certified to the court below for observance. By per cu riam opinion

. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.