Willie L. Jackson, Jr. v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

 Annotate this Case
Download PDF
i i i i i i MEMORANDUM OPINION No. 04-08-00375-CR Willie L. JACKSON, Jr., Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2005-CR-5117 Honorable Bert Richardson, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: July 23, 2008 DISMISSED FOR WANT OF JURISDICTION Appellant was sentenced on May 22, 2006. The record does not reflect whether appellant filed a motion for new trial. If no motion for new trial was filed, the notice of appeal was due on June 21, 2006, and a motion for extension of time to file notice of appeal was due on July 6, 2006. If a timely motion for new trial was filed, appellant s notice of appeal was due to be filed on August 21, 2006, and a motion for extension of time to file notice of appeal was due on September 5, 2006. 04-08-00375-CR See TEX. R. APP. P. 26.2(a), 26.3. Appellant filed a motion for leave to file a late notice of appeal on May 30, 2008. This court issued an order on June 19, 2008 directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond. When a notice of appeal and motion for extension of time are not filed within the fifteen-day grace period after the deadline for filing notice of appeal, the appellate court lacks jurisdiction. TEX. R. APP. P. 26.3; Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). Accordingly, the appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.