CourtListener 10357936•Fernando Calderon v. the State of Texas
Texto completo
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-25-00039-CR
FERNANDO CALDERON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 354th District Court
Hunt County, Texas
Trial Court No. 34711CR
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice Rambin
MEMORANDUM OPINION
Fernando Calderon has filed an untimely notice of appeal from the trial court’s judgment
in this matter. We dismiss the appeal for want of jurisdiction.
The judgment of conviction in this matter indicates that the trial court imposed
Calderon’s sentence on April 11, 2024, and Calderon did not file a motion for new trial, making
his notice of appeal due on or before May 13, 2024. See TEX. R. APP. P. 26.2. Calderon did not
file his notice of appeal until February 24, 2025, well beyond the May 13, 2024, deadline.
Consequently, Calderon’s attempt to appeal his conviction in this matter was untimely.
The Texas Court of Criminal Appeals has expressly held that, without a timely filed
notice of appeal, we cannot exercise jurisdiction over an appeal. See Olivo v. State, 918 S.W.2d
519, 522 (Tex. Crim. App. 1996); see also Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. Crim.
App. 1998) (per curiam).
We notified Calderon by letter that his notice of appeal appeared to be untimely and that
the appeal was subject to dismissal for want of jurisdiction. We gave Calderon ten days to
respond to our letter and to demonstrate how we had jurisdiction over the appeal notwithstanding
the noted defect. While Calderon responded, through counsel, he did not provide a sufficient
basis for retaining this matter on our docket.
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Because Calderon has not timely perfected his appeal, we dismiss the appeal for want of
jurisdiction.
Jeff Rambin
Justice
Date Submitted: March 18, 2025
Date Decided: March 19, 2025
Do Not Publish
3
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