Unreported / Non-Citable
Background
Xavier Lee Jimenez filed pro se notices of appeal on July 24, 2026, challenging two judgments entered in 2018 by the 175th Judicial District Court in Bexar County. One was an April 6, 2018 judgment adjudicating his guilt after revocation of community supervision for first-degree felony possession with intent to deliver between four and 200 grams of a penalty-group-one controlled substance.
The other was an April 17, 2018 judgment, rendered under a plea agreement, convicting Jimenez of first-degree felony possession of between 200 and 400 grams of a penalty-group-one controlled substance. Jimenez filed the notices more than eight years after the trial court sentenced him in open court.
The Court’s Holding
The Fourth Court of Appeals dismissed both appeals for want of jurisdiction. Under Texas Rule of Appellate Procedure 26.2(a), a criminal defendant generally must file a notice of appeal within 30 days after sentence is imposed or suspended in open court, or within 90 days if the defendant timely files a motion for new trial.
Because Jimenez did not timely perfect either appeal, the court concluded that it lacked jurisdiction to consider them. The court noted, however, that he may be able to seek an out-of-time appeal by filing a postconviction application for a writ of habeas corpus with the Texas Court of Criminal Appeals under article 11.07 of the Texas Code of Criminal Procedure.
Key Takeaways
- A timely notice of appeal is necessary to invoke a Texas appellate court’s jurisdiction in a criminal case.
- The ordinary deadline is 30 days after sentencing in open court, extended to 90 days when a timely motion for new trial is filed.
- A defendant whose direct appeal is untimely may seek an out-of-time appeal through postconviction habeas proceedings in the Texas Court of Criminal Appeals.
Why It Matters
The decision underscores that an appellate court cannot reach the merits of a criminal appeal when the notice of appeal is filed outside the jurisdictional deadline. Even a pro se notice filed years after sentencing does not revive the court’s authority over the direct appeal.
For defendants seeking appellate review after the deadline has expired, the potential remedy lies outside the ordinary direct-appeal process: an article 11.07 postconviction habeas application requesting permission to pursue an out-of-time appeal.