Mason Dewayne Mires v. the State of Texas

Opinion filed November 6, 2025

In The

Eleventh Court of Appeals
___________

No. 11-25-00200-CR
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MASON DEWAYNE MIRES, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 42nd District Court
Taylor County, Texas
Trial Court Cause No. 31055-A

MEMORANDUM OPINION
Appellant, Mason Dewayne Mires, entered an open plea of guilty to the state
jail felony offense of fraudulent possession of identifying information. See TEX.
PENAL CODE ANN. § 32.51(b), (c)(1) (West Supp. 2024). On January 31, 2025, the
trial court sentenced Appellant to confinement for twenty-four months in the State
Jail Division of the Texas Department of Criminal Justice. Following Appellant’s
application, the trial court appointed appellate counsel on July 21, 2025, who filed a
notice of appeal on the same day. We dismiss the appeal.
When this appeal was docketed, we notified Appellant by letter that his notice
of appeal appeared to be untimely filed and that the appeal was subject to dismissal.
See TEX. R. APP. P. 26.2(a). In our letter, we requested that Appellant respond and
show grounds to continue the appeal. In his response, Appellant concedes that the
notice of appeal was untimely filed, which will result in the dismissal of the appeal,
and informs us that he is seeking an out-of-time appeal with the Court of Criminal
Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2024); Ater v.
Eighth Ct. of Appeals, 802 S.W. 2d 241, 243 (Tex. Crim. App. 1991) (orig.
proceeding).
Pursuant to the Texas Rules of Appellate Procedure, a notice of appeal must
be filed either (1) within thirty days after the date that sentence is imposed in open
court or (2) if the defendant timely files a motion for new trial, within ninety days
after the date that sentence is imposed in open court. TEX. R. APP. P. 26.2(a). While
it appears that Appellant’s appellate counsel filed the notice of appeal as soon as
practicable, the notice of appeal was filed 171 days after the trial court sentenced
Appellant in open court. We lack authority to extend the time for perfecting the
appeal. As a result, we have no discretion in this matter, and we must dismiss this
appeal. Hernandez v. State, No. PD-0836-24, 2025 WL 2713312, at *1, *3 (Tex.
Crim. App. Sept. 24, 2025); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.
1998).
We dismiss this appeal for want of jurisdiction.

W. BRUCE WILLIAMS
JUSTICE
November 6, 2025
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

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