Opinion filed July 23, 2015

In The

Eleventh Court of Appeals 

___________

No. 11-15-00156-CR

___________

KIRK WAYNE WORTHINGTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 104th District Court

Taylor County, Texas

Trial Court Cause No. 18187B

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

Kirk Wayne Worthington, Appellant, was convicted in 2011 of burglary of a 

habitation. Appellant recently filed in the district clerk’s office a document titled 

“Motion for Appointment of Counsel (Appeal)” in which Appellant stated his 

“grounds for appeal.” We dismiss the appeal. 

The documents on file in this case indicate that Appellant’s sentence was

imposed on November 3, 2011, and that his notice of appeal was filed in the district 
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clerk’s office on July 8, 2015. When the appeal was filed in this court, we notified 

Appellant by letter that the notice of appeal appeared to be untimely and that the 

appeal may be dismissed. We also informed Appellant that the trial court’s 

certification indicates that this is a plea-bargain case in which Appellant has no right 

of appeal and that Appellant waived his right of appeal. We requested that Appellant 

respond to our letter and show grounds to continue. 

Appellant has filed a response in which he states, “I did not file a[n] appeal 

on this cause.” Appellant asserts in his response that he merely wanted an attorney 

appointed to address an issue regarding his TDCJ timesheet and to “bring this back 

befor[e] the courts in Taylor Co and get sentenced under the right statu[t]e and 

sentencing guidelines.” 

Pursuant to TEX. R. APP. P. 26.2, a notice of appeal is due to be filed either 

(1) within thirty days after the date that sentence is imposed 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 in open court. 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 court reflect that the document that the trial court and this court 

determined to be a notice of appeal was filed with the clerk of the trial court 1,343

days after 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 this appeal. Slaton v. 

State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. 

Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993). 

Neither a notice of appeal nor a motion for extension were filed within the fifteenday period permitted by TEX. R. APP. P. 26.3. This court, as an intermediate 

appellate court, has no jurisdiction to grant an out-of-time appeal or to grant an 
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untimely motion for extension; the Texas Court of Criminal Appeals is the only court 

with jurisdiction in final postconviction felony proceedings. Olivo, 918 S.W.3d at 

522–24, 525 n.8; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. 

App. 1991). 

This appeal is dismissed for want of jurisdiction. 

PER CURIAM

July 23, 2015

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

Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.