Opinion
12-24-00085-CR 12-24-00086-CR12-24-00087-CR
05-15-2024
RYAN JOSHUA PRUITT, APPELLANT v. THE STATE OF TEXAS, APPELLEE
DO NOT PUBLISH
APPEAL FROM THE 241ST JUDICIAL DISTRICT COURT SMITH COUNTY, TEXAS
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
MEMORANDUM OPINION
PER CURIAM
On April 12, 2024, Ryan Joshua Pruitt filed pro se notices of appeal from judgments of conviction in which sentence was imposed on February 28, 2024.
In a criminal case, the appellant perfects an appeal by timely filing a sufficient notice of appeal. TEX. R. APP. P. 25.2(b). The notice of appeal must be filed (1) within thirty days after the day sentence is imposed or suspended in open court or after the day the trial court enters an appealable order, or (2) within ninety days after the day sentence is imposed or suspended in open court if the defendant timely files a motion for new trial. TEX. R. APP. P. 26.2(a). The appellate court may extend the time for filing a notice of appeal if, within fifteen days after the deadline for filing the notice, the party files in the trial court the notice of appeal and files in the appellate court a motion complying with Rule 10.5(b). TEX. R. APP. P. 26.3. The case information sheet from the Smith County District Clerk reflects that Appellant did not file a motion for new trial; thus, his notice of appeal was due on or before March 29.
Unlike the Texas Supreme Court, the Texas Court of Criminal Appeals has not held that an extension is implied when a notice of appeal is filed within fifteen days after the filing deadline. Lair v. State, 321 S.W.3d 158, 159 (Tex. App.-Houston [1st Dist.] 2010, pet. ref'd) (citing Few v. State, 230 S.W.3d 184, 189-90 (Tex. Crim. App. 2007), Bayless v. State, 91 S.W.3d 801 (Tex. Crim. App. 2002), Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)); see Hurts v. State, No. 12-23-00247-CR, 2023 WL 7178186, at *1 n.1 (Tex. App.-Tyler Oct. 31, 2023, no pet.) (per curiam) (mem. op., not designated for publication).
On April 16, this Court notified Appellant that the notices of appeal failed to show the jurisdiction of the Court, namely, there was no notice of appeal filed within the time allowed by the rules of appellate procedure and no timely motion for extension to file same. See TEX. R. APP. P. 37.2. We further notified Appellant that the appeals would be dismissed unless the information was amended on or before April 26 to show the jurisdiction of the Court. Appellant's counsel filed a motion for extension of time to establish appellate jurisdiction, which this Court granted to May 6. The May 6 deadline expired, and Appellant has not shown the jurisdiction of this Court.
"[A]ppeals 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 an appeal except as provided by the Texas Rules of Appellate Procedure. 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). Because Appellant's notice of appeal was not timely filed and he did not file a motion for extension with this Court within the time prescribed by Rule 26.3, we dismiss Appellant's appeals for want of jurisdiction. See Olivo, 918 S.W.2d at 522 ; see also TEX. R. APP. P. 43.2(f).
Only the court of criminal appeals has jurisdiction to grant an out-of-time appeal. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); see also Kossie v. State, No. 01-16-00738-CR, 2017 WL 631842, at *1-2 (Tex. App.-Houston [1st Dist.] Feb. 16, 2017, no pet. h.) (mem. op., not designated for publication) (dismissing for lack of jurisdiction because appellant could not pursue out of time appeal without permission from court of criminal appeals); see TEX. CODE CRIM. PROC. ANN. ART 11.07 § 3(A) (WEST 2005).
JUDGMENT
THIS CAUSE 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 jurisdiction of the appeal, and that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision be certified to the court below for observance.