Unreported / Non-Citable
Background
Jessica Chineye Ezemba pleaded guilty to driving while intoxicated. On August 14, 2026, the Harris County Criminal Court at Law No. 13 sentenced her to three days in jail.
Ezemba did not timely file a motion for new trial. Her notice of appeal was therefore due September 14, 2026, because the ordinary 30-day deadline fell on Sunday, September 13. She filed the notice on September 15, one day late, and did not file a motion for an extension of time within the applicable 15-day extension period.
The Court’s Holding
The Texas First Court of Appeals held that Ezemba’s untimely notice of appeal failed to invoke its appellate jurisdiction. Although Texas Rule of Appellate Procedure 26.3 permits an extension when both the notice of appeal and a compliant extension motion are filed within 15 days after the deadline, Ezemba filed no extension motion.
The court explained that it had no authority to excuse the late filing outside Rule 26.3. Because the appeal was not timely perfected, the court could not reach its merits and dismissed it for lack of jurisdiction. It also dismissed all other pending motions as moot.
Key Takeaways
- A criminal defendant ordinarily must file a notice of appeal within 30 days after sentence is imposed unless a timely motion for new trial extends the deadline.
- A defendant seeking relief under Rule 26.3 must file both the notice of appeal and a compliant motion for extension within 15 days after the original deadline.
- An untimely notice of appeal deprives a Texas court of appeals of jurisdiction to consider the merits.
Why It Matters
The decision underscores the strict jurisdictional consequences of missing a criminal-appeal deadline, even by one day. A notice filed during the 15-day extension window does not by itself preserve a criminal appeal when the appellant fails to submit the required extension motion.