Jeremy Teak Palmer v. The State of Texas Appeal from 22nd District Court of Comal County (memorandum opinion )

 Annotate this Case
Download PDF
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-15-00525-CR Jeremy Teak Palmer, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF COMAL COUNTY, 22ND JUDICIAL DISTRICT NO. CR2013-250, HONORABLE R. BRUCE BOYER, JUDGE PRESIDING MEMORANDUM OPINION Appellant Jeremy Teak Palmer has filed a notice of appeal from a judgment of conviction for driving while intoxicated with two or more previous convictions for the same type of offense. The district court imposed sentence on June 8, 2015. Thus, the deadline for perfecting the appeal was July 8, 2015. See Tex. R. App. P. 26.2(a)(1). Palmer filed his notice of appeal on August 19, 2015. On the same day, he filed a motion for extension of time to file his notice of appeal, but the deadline for filing that motion was July 23, 2015. See Tex. R. App. P. 26.3. Absent a timely filed notice of appeal, we lack jurisdiction to dispose of this appeal in any manner other than by dismissing it for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). We are also without jurisdiction to grant a motion for extension of time that is filed more than fifteen days after the date that the notice of appeal was due. See Olivo, 918 S.W.2d at 522, 526. Accordingly, we deny the motion for extension of time and dismiss the appeal for want of jurisdiction.1 __________________________________________ Cindy Olson Bourland, Justice Before Justices Puryear, Goodwin, and Bourland Dismissed for Want of Jurisdiction Filed: August 28, 2015 1 The remedy for a late-filed notice of appeal is to file a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals for consideration of an out-of-time appeal. See Tex. Code Crim. Proc. art. 11.07. 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.