### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03 - 21 - 00329 - CR

Christopher Michael Ferris , Appellant

v. The State of Texas , Appellee

FROM THE 26TH DISTRICT COURT OF WILLIAMSON COUNTY NO. 19 - 1663 - K26 , THE HONORABLE GARY HARGER , JUDGE PRESID IN G

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

A ppellant Christopher Michael Ferris ha s filed a motion for ex tension of time to file his notice of appeal. Appellant was sentenced on May 2 4, 2021 . He filed a motion for a new sentencing hearing on July 14 and a Late Notice of Appeal on July 15, stating that the notice of appeal was late d ue to a calendaring error . On July 27, he filed a motion for ext ension of time in this Court, providing more information about the error.

In a criminal case, a defendant must f ile his notice of appeal within thirty days after the trial court sentence s him in open cour t

— or within ninety days , if he timel y files a motion for new trial. Tex. R. App. P . 26.2(a) ; see id

. R. 21.4(a) (motion for new trial must be file d within t hirt y d ays of date sentence is imposed or suspended in open court) . Although a court of appeals may extend the time to file a notice of appeal, it may do so only when the defendant files a notic e of appeal and a motion for extension of time to file the appeal wi thin fifteen days of the original deadline

. See id . R. 26.3

.2 The deadline for filing a motion for new trial was June 23, and , thus, appella nt ’ s motion fo r a new sentencing hearing d id not extend his appellate deadline , meaning appellant ’ s notice of ap peal and motion for exten s ion of time were filed outside the window for appeal

. See id

. In the absence of a timely filed notice of appeal, we have “ no option ” but to dismiss an untimel y filed appeal in a criminal case

. Castillo v. State , 369 S.W.3d 196, 198 (Tex. Crim. App. 2012) ; see Gonzalez v. State , No. 03

- 20

- 00172

- CR, 2020 WL 3480370, at *1 (Tex. App.

— Austin June 2 6, 2020, no pet.) (mem. op., not designated for publication).

W e therefore dismiss this appeal for want of jurisdiction. See Castillo , 369 S. W.3d at 202 (explaining that even being late by “one day is enough to deprive the appellate court

o f jurisdiction to consider appellant’s appeal under the Texas Rules of Appellate Procedure”); see also Carranza v. State , No. 03

- 20

- 00155

- CR , 2020 WL 2073735 , at *1 (Tex. App.

— Austin Apr. 30, 2020, no pet.) (mem. op., not designated for publication) (dismi ssing appeal after determining that notice of appeal was filed three days late)

. 1

____________ ______________________________ Darlene Byrne, Chief Just ice Before Chief Just ice Byrne, Justices Triana and Kelly Dismissed for Want of Jurisdiction Filed: August 13, 2021 Do Not Publish

1 The remedy for a late

- filed notice of appeal is to file a post

- conviction writ of habeas corpus. See Te x. Code Crim. Pro c. art . 11.05 ; Parr v. State , 206 S.W.3d 143, 145 (Tex. App.

— Waco 2006 , no pet. ) ( “ An article 11.07 of the Code of Criminal Procedure writ must be made returnable to the Court of Criminal Appeals because that court ha s the exclusive author ity to grant post

- felony conviction relief, such as an out

- of

- time appeal, if the defendant is then confined as a result of that final felony conviction. ” )

.