Unreported / Non-Citable
Background
Ivan Anthony Craig Ferrell sought to appeal a judgment of conviction entered by the 115th District Court of Upshur County, Texas. The trial court imposed his sentence on January 10, 2022.
Because Ferrell did not file a motion for new trial, his notice of appeal was due by February 9, 2022. He did not file the notice until September 9, 2026. The court of appeals notified Ferrell that the notice appeared untimely and gave him ten days to establish appellate jurisdiction, but he did not respond.
The Court’s Holding
The Texas Sixth Court of Appeals dismissed Ferrell’s appeal for want of jurisdiction. It held that Ferrell failed to perfect the appeal because his notice of appeal was filed more than four years after the applicable deadline.
The court explained that a timely notice of appeal is necessary for it to exercise jurisdiction. Because Ferrell neither filed on time nor demonstrated a basis for jurisdiction despite receiving notice of the defect, the court could not consider the merits of his appeal.
Key Takeaways
- A criminal defendant who does not move for a new trial generally must file a notice of appeal within 30 days after sentencing.
- An untimely notice of appeal does not invoke the court of appeals’ jurisdiction.
- Ferrell did not respond when given an opportunity to explain why the appellate court nevertheless had jurisdiction.
Why It Matters
The decision underscores that the deadline for filing a criminal notice of appeal is jurisdictional in Texas. Even without reaching the conviction’s merits, an appellate court must dismiss when the appellant fails to perfect the appeal on time.