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Thomas Brown v. The State of Texas

Date: 04-01-2019

Case Number: 12-19-00108-CR

Judge: MEMORANDUM OPINION PER CURIAM Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

Court: COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

Plaintiff's Attorney: Mr. Michael J. West

Defendant's Attorney: Mr. Austin R. Jackson

Description:






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This appeal is being dismissed for want of jurisdiction. Thomas Brown appeals from his conviction in trial court cause number 114-0781-16. Under the rules of appellate procedure, the notice of appeal must be filed within thirty days after the sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order; or within ninety days if the defendant timely files a motion for new trial. See TEX. R. APP. P. 26.2(a). Rule 26.3 provides that a motion to extend the time for filing a notice of appeal must be filed within fifteen days after the deadline for filing the notice of appeal. TEX. R. APP. P. 26.3. In this case, sentence was imposed on April 21, 2017. Appellant filed his notice of appeal on March 21, 2019, long after the time for filing a notice of appeal under Rule 26.2(a) or for seeking a motion to extend under Rule 26.3. On March 21, Appellant’s counsel filed a memorandum of law regarding the timely filing of notice of appeal, in which he states that he was appointed almost two years after sentence was imposed and he concedes that no timely notice of appeal was filed. Thus, he states that “Appellant cannot establish a legal basis by which the Court could claim jurisdiction over this matter” and expresses his belief that dismissal is required. We agree. “[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

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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). In the present case, Appellant’s appeal is untimely.
Outcome:
Accordingly, we dismiss Appellant’s appeal for want of jurisdiction.
Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of Thomas Brown v. The State of Texas?

The outcome was: Accordingly, we dismiss Appellant’s appeal for want of jurisdiction.

Which court heard Thomas Brown v. The State of Texas?

This case was heard in COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS, TX. The presiding judge was MEMORANDUM OPINION PER CURIAM Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J..

Who were the attorneys in Thomas Brown v. The State of Texas?

Plaintiff's attorney: Mr. Michael J. West. Defendant's attorney: Mr. Austin R. Jackson.

When was Thomas Brown v. The State of Texas decided?

This case was decided on April 1, 2019.