CourtListener 10756450•Roger Denk v. the State of Texas
Texte intégral
NUMBER 13-25-00437-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
ROGER DENK, Appellant,
v.
THE STATE OF TEXAS, Appellee.
ON APPEAL FROM THE 347TH DISTRICT COURT
OF NUECES COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Peña and West
Memorandum Opinion by Justice Peña
This cause is before the Court on appellant’s untimely filed pro se notice of appeal.
On July 22, 2025, the trial court issued a judgment of conviction in cause number 25FC-
2859H. On September 4, 2025, appellant, acting pro se filed a notice of appeal which was
post marked September 3, 2025. On October 14, 2025, the Clerk of the Court notified
appellant’s counsel that it appeared the appeal has not been timely perfected. Appellant’s
counsel was further notified that if the defect was not cured within ten days from the date
of the notice, 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. R. 26.2(a)(2). The time
within which to file the notice may be enlarged if, within fifteen days after the deadline for
filing the notice, the party files the notice of appeal and a motion complying with Rule
10.5(b) of the Texas Rules of Appellate Procedure. See id. R. 26.3. Appellant’s notice of
appeal was untimely filed, so we lack jurisdiction over the appeal. See Slaton, 981 S.W.2d
at 210.
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.
See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a); see also Ex parte Garcia, 988 S.W.2d
2
240 (Tex. Crim. App. 1999). The appeal hereby is dismissed for want of jurisdiction. Within
five days from the date of this Court’s opinion, counsel is ordered to send a copy of this
opinion and this Court’s Judgement.
L. ARON PEÑA JR.
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
11th day of December, 2025.
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