Jesus R. Salazar v. the State of Texas

NUMBER 13-25-00436-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

JESUS R. SALAZAR, Appellant,

v.

THE STATE OF TEXAS, Appellee.

ON APPEAL FROM THE 117TH DISTRICT COURT
OF NUECES COUNTY, TEXAS

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

This cause is before the Court on its own motion. On June 11, 2025, the trial court

issued a judgment of conviction in cause number 24FC-4327-B. On September 3, 2025,

appellant filed a pro se notice of appeal, dated August 25, 2025. On September 3, 2025,

the Clerk of the Court notified appellant that it appeared the appeal has not been timely

perfected. Appellant was further notified that if the defect was not cured within ten days
from the date of the notice, the appeal would be dismissed. On September 9, 2025, the

trial court issued an order granting appellant’s counsel’s motion to withdraw and

appointed new counsel. On September 10, 2025, the Clerk of the Court notified newly

appointed counsel that it appears the appeal had not been timely perfected. Appellant’s

newly appointed counsel was also notified that if the defect was not cured within ten days

from the date of the letter the appeal would be dismissed.

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 have jurisdiction to address the

merits of the appeal 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).

Unless a motion for new trial is timely filed, a notice of appeal must be filed 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. TEX. R. APP. P. 26.2(a)(1). Where a timely

motion for new trial is filed, the notice of appeal must be filed within ninety days after the

day sentence is imposed or suspended in open court. See id. 26.2(a)(2). Upon review of

the documents before us, it does not appear a motion for new trial was filed. Accordingly,

we are of the opinion that the notice of appeal was untimely.

The Court, having examined and fully considered the documents on file and

appellant’s failure to timely perfect his appeal, is of the opinion that the appeal should be

dismissed for want of jurisdiction. 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.
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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). The appeal is hereby dismissed for want of jurisdiction.

YSMAEL D. FONSECA
Justice

Do not publish.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

Delivered and filed on the
16th day of October, 2025.

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