Unreported / Non-Citable
Background
The 115th District Court of Upshur County imposed Ivan Anthony Craig Ferrell’s sentence on January 10, 2022. Because Ferrell did not file a motion for new trial, Texas Rule of Appellate Procedure 26.2(a)(1) required him to file his notice of appeal by February 9, 2022.
Ferrell did not file his notice of appeal until September 9, 2026. On September 18, 2026, the Sixth Court of Appeals notified him that the notice appeared untimely and gave him ten days to demonstrate that the court nevertheless had jurisdiction. Ferrell did not respond.
The Court’s Holding
The court held that Ferrell failed to timely perfect his appeal. Under Texas Court of Criminal Appeals precedent, an appellate court cannot exercise jurisdiction over a criminal appeal when the notice of appeal was not timely filed.
Because Ferrell filed his notice more than four years after the applicable deadline and did not establish any basis for appellate jurisdiction, the court dismissed the appeal for want of jurisdiction.
Key Takeaways
- A criminal defendant who does not move for a new trial generally must file a notice of appeal within 30 days after sentence is imposed.
- A timely notice of appeal is necessary to invoke a Texas appellate court’s jurisdiction.
- Ferrell’s failure to respond to the court’s jurisdictional inquiry left the untimeliness defect unresolved.
Why It Matters
The decision underscores that the notice-of-appeal deadline is jurisdictional in Texas criminal cases. When a defendant misses that deadline, the appellate court cannot reach the conviction’s merits merely because the defendant later attempts to appeal.