Opinion
NO. 09-15-00052-CR
02-18-2015
BRIAN DERRICK, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 88th District Court Hardin County, Texas
Trial Cause No. 21253
MEMORANDUM OPINION
The trial court sentenced Brian Derrick on October 16, 2014. Notice of appeal was due to be filed on January 14, 2015, because Derrick timely filed a motion for new trial. See Tex. R. App. P. 26.2(a)(2). Derrick filed a notice of appeal on January 29, 2015, but he did not file a motion for extension of time within fifteen days after the deadline for filing the notice of appeal. See Tex. R. App. P. 26.3. We notified the parties that Derrick filed his notice of appeal too late to perfect an appeal. See Tex. R. App. P. 25.2(b). Derrick failed to establish that his notice of appeal was timely filed or that the Texas Court of Criminal Appeals granted an out-of-time appeal as habeas relief. See generally Tex. R. App. P. 73.
The notice of appeal was not timely filed. See Tex. R. App. P. 26.2(a)(2). Neither this Court nor the trial court has the authority to grant an out-of-time appeal. See Olivo v. State, 918 S.W.2d 519, 525 n.8 (Tex. Crim. App. 1996) (Article 11.07 of the Texas Code of Criminal Procedure provides the exclusive post-conviction remedy in final felony convictions in Texas courts). "If a notice of appeal is not timely filed, the court of appeals has no option but to dismiss the appeal for lack of jurisdiction." Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). Accordingly, we dismiss the appeal for want of jurisdiction.
APPEAL DISMISSED.
/s/_________
LEANNE JOHNSON
Justice
Submitted on February 17, 2015
Opinion Delivered February 18, 2015
Do Not Publish
Before Kreger, Horton, and Johnson, JJ.