Brandon Roy Hammett v. the State of Texas

Opinion

In the

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-26-00123-CR

BRANDON ROY HAMMETT, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 5th District Court Cass County, Texas

Trial Court No. 2024F00113

Before Stevens, C.J., van Cleef and Rambin, JJ.

Memorandum Opinion by Chief Justice Stevens

MEMORANDUM OPINION

Brandon Roy Hammett has filed an untimely notice of appeal from the trial court’s judgment in this matter. We dismiss this appeal for want of jurisdiction.

The judgment of conviction in this matter indicates that the trial court imposed Hammett’s sentence on November 17, 2025. Because Hammett did not file a motion for new trial, his notice of appeal was due on or before December 17, 2025. See TEX. R. APP. P. 26.2(a)(1). Hammett did not file his notice of appeal until July 29, 2026, well beyond the December 17 deadline. Consequently, Hammett’s attempt to appeal his conviction in this matter was untimely.

The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal, we cannot exercise jurisdiction over an appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. Crim. App. 1998) (per curiam).

On July 31, 2026, we notified Hammett by letter that his notice of appeal appeared to be untimely and that the appeal was subject to dismissal for want of jurisdiction. We gave Hammett fourteen days to respond to our letter and to demonstrate how we had jurisdiction over the appeal notwithstanding the noted defect. Hammett did not file a response to our letter.

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Because Hammett has not timely perfected his appeal, we dismiss this appeal for want of jurisdiction.

Scott E. Stevens

Chief Justice

Date Submitted: August 18, 2026 Date Decided: August 19, 2026

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