Bradley Oliver v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 14, 2025
• Docket: 10-25-00240-CR
• Status: Published

Opinion

Court of Appeals Tenth Appellate District of Texas

10-25-00240-CR

Bradley Oliver, Appellant

v.

The State of Texas, Appellee

On appeal from the 19th District Court of McLennan County, Texas Judge Thomas C. West, presiding Trial Court Cause No. 2021-499-C1

JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION

Appellant appeals from a judgment revoking community supervision

which was imposed on May 15, 2025 and signed by the trial court on that same

date. Appellant wrote a pro se letter to the trial court asking to appeal the

judgment which was mailed on July 16, 2025 and filed by the trial court clerk

on July 18, 2025. Appellant was represented by court-appointed counsel prior

to the imposition of sentence, and nothing in the clerk’s record indicates that his attorney withdrew from his representation of Appellant after his sentence

was imposed.

The trial court appointed appellate counsel for Appellant on July 25,

2025, and counsel promptly filed a notice of appeal and motion for extension of

time to file the notice of appeal. However, a motion for extension of time may

be granted only if it is filed within 45 days of the imposition of sentence.

Therefore, the pro se notice of appeal filed by Appellant on July 18, 2025 and

later motion to extend and amended notice of appeal were not timely and this

Court is unable to grant the motion for extension of time because we lack

jurisdiction to do so. See TEX. R. APP. P. 26.2(a)(1), 26.3. See also Slaton v.

State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).

Accordingly, this appeal is dismissed. See id. Appellant’s motion to

extend time to file the notice of appeal is dismissed.

STEVE SMITH Justice

OPINION DELIVERED and FILED: August 14, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed; motion dismissed Do not publish CR25

Oliver v. State Page 2