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Freeman v. State of Texas

Clyde James Freeman appealed from a sentence imposed on Oct. 1, 2010. The notice of appeal was filed with the trial court on Nov. 12, 2010, more than 30 days from the date of sentencing. The parties were notified that the notice of appeal did not appear to have been timely filed. On Dec. 27, 2010, Freeman filed a response in which he argues that a letter mailed to the trial court on Nov. 8, 2010, functioned as the motion for extension of time required by Texas Rule of Appellate Procedure 26.3(b). The notice of appeal was not timely filed. No motion for extension of time was timely filed pursuant to Rule 26.3. It does not appear that appellant obtained an out-of-time appeal from the Court of Criminal Appeals. The court is without jurisdiction to entertain this appeal. Accordingly, the appeal is dismissed for want of jurisdiction. Beaumont Court of Appeals, No. 09-10-00524-CR, 01-19-2011

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OPINION

Clyde James Freeman appealed from a sentence imposed on October 1, 2010. The notice of appeal was filed with the trial court on November 12, 2010, more than thirty days from the date of sentencing. We notified the parties that the notice of appeal did not appear to have been timely filed. On December 27, 2010, Freeman filed a response in which he argues that a letter mailed to the trial court on November 8, 2010, functioned as the motion for extension of time required by Texas Rule of Appellate Procedure 26.3(b). See Tex. R. App. P. 26.3 (“The appellate court may extend the time to file the notice of appeal if, within 15 days after the deadline for filing the notice of appeal, the party: (a) files in the trial court the notice of appeal; and (b) files in the appellate court a motion complying with Rule 10.5(b).”).

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