## NO. 12

- 21

- 00027

- CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

JASON RAY SMITH , A P PELLANT

V.

THE STATE OF TEXAS , APPELLEE §

§

§ APPEAL FROM THE 4TH

JUDICIAL DISTRICT COURT

RUSK COUNTY, TEXAS

MEMORANDUM OPINION PE R CURIAM Jason Ray Smith, acting pro se, filed a notice of appeal to chal lenge his sentence in trial

court caus e number CR 18

- 012

. Under the rules of appellate procedure, the notice of appeal must
be filed within thir ty days afte r the sentence is impose d o r w ithin 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 fi lin g 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).” T EX

. R. A PP

. P. 26.3

. In this case, s entence was imposed on June 30, 2020 ; thus, Appellant ’ s notice of appea l

w a s due on or before July 30 without a motion for new trial or September 28 w ith a motion for
new trial

. See T EX

. R. A PP

. P. 26.2(a). Appellant filed his notice of appeal on February 23, 2021, long after the time for filing a notice of appeal under Rul e 2 6.2(a) or for seeki ng a motion
to extend under Rule 26. 3

. On February 2 3 , this Court n otified 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 th e r ules of appellate 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 March 5 to sh ow this Court’s jur isdicti on. This d eadline passed without a response from Appellant. “[I] n Te xas, 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. Ly kos v. Fine , 330 S.W.3 d 904, 915 (Tex. C rim. App. 2011). T his Court is not au thorized to extend the time for per fecting 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 (T ex. Crim. App. 199 6). Accordingly , we dismiss Appellant’s appeal for want of jurisdiction

. See T EX

. R. A PP

. P. 43.2(f). Opinion delivered March 18, 2021. Panel consisted of W ort hen, 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 App eal s , 802 S.W .2d 24 1, 243 (Tex. Crim. App. 1991); see also Kossie v. State , No. 01

- 16

- 00738

- CR, 201 7 WL 63184 2, at *1

- 2 ( Tex. App.

— Houston [1st Dist.] Feb. 16, 2017, no pet. h.) (mem. op., not designated for publication) (dismissing for lack of jurisdictio n b ecause app ellant could not pursue out of time appeal without permission from court of criminal a ppeals) ; s ee T E X

. C ODE C RIM

. P ROC

. A NN

. art 11.07 § 3(a) (West 2005).

## COU RT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

MARCH 18 , 2021

NO. 12

- 21

- 00027

- CR

JASON RAY SMITH , Appellant V. THE STATE OF TEXAS , Appellee

Appeal from the 4th District Court
of Rusk County, Texas (Tr.Ct. No. CR18

- 012 )

THIS CAU S E 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 jurisd ict ion of the appeal, and
th at the ap peal should be dismissed. It is therefore ORDERED, ADJUDGED a nd DECREED by this Cou r t that this appeal be, and the same is, hereby dismissed for want of jurisdiction ; and that this decision
be certified to the court bel ow for observance. By per curiam opinion

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