Robert Reyes Jr. v. the State of Texas

NUMBER 13-25-00269-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

ROBERT REYES JR., Appellant,

v.

THE STATE OF TEXAS, Appellee.

ON APPEAL FROM THE 197TH DISTRICT COURT
OF CAMERON COUNTY, TEXAS

MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices West and Fonseca
Memorandum Opinion by Justice Fonseca

On May 15, 2025, appellant attempted to perfect an appeal from a judgment

entered in trial court cause number 2022-DCR-02104. We dismiss the appeal for want of

jurisdiction.

A sentence in this matter was imposed by jury on June 12, 2023. On May 15, 2025,

the Clerk of the Court notified appellant that it appeared the appeal was not timely
perfected. Appellant was advised the appeal would be dismissed if the defect was not

corrected within ten days from the date of receipt of the notice. Appellant has failed to file

a response or otherwise correct the defect.

This Court's appellate jurisdiction in a criminal case is invoked by a timely filed

notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent a

timely filed notice of appeal, a court of appeals does not obtain jurisdiction to address the

merits of the appeal in a criminal case and can take no action other than to dismiss the

appeal for want of jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.

1998). Appellant may be entitled to an out-of-time appeal by filing a post-conviction writ

of habeas corpus returnable to the Texas Court of Criminal Appeals; however, the

availability of that remedy is beyond the jurisdiction of this Court. See TEX. CODE CRIM.

PROC. ANN. art. 11.07, § 3(a); see also Ex parte Garcia, 988 S.W.2d 240 (Tex. Crim. App.

1999).

Therefore, this appeal is dismissed for want of jurisdiction.

YSMAEL D. FONSECA
Justice

Do not publish.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

Delivered and filed the
26th day of June, 2025.

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