Christopher Roland Fenner v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 31, 2023
• Docket: 10-23-00150-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00150-CR

CHRISTOPHER ROLAND FENNER, Appellant v.

THE STATE OF TEXAS, Appellee

From the 18th District Court Somervell County, Texas Trial Court No. 249-00724

MEMORANDUM OPINION

Christopher Roland Fenner provided the District Clerk of Somervell County with

a written notice of appeal from the trial court’s judgment adjudicating guilt, pronounced

on June 13, 2018. Fenner appears to direct this notice of appeal to the Court of Criminal

Appeals. But, as the district clerk was required to do, the notice of appeal was sent to this

Court as the appropriate court of appeals. See TEX. R. APP. P. 25.2(e). The only cases

appealed directly to the Court of Criminal Appeals are those in which the death penalty has been assessed and those in which bail has been denied in non-capital cases under

Article I, Section 11a of the Texas Constitution. TEX. R. APP. P. 71.1.

Regardless, Fenner’s notice of appeal was due July 13, 2018. See id. 26.2(a). Because

the notice of appeal was not filed until May 15, 2023, it is untimely. Id.

We have no jurisdiction of an untimely appeal. See Olivo v. State, 918 S.W.2d 519,

522 (Tex. Crim. App. 1996) (no appellate jurisdiction where notice of appeal is untimely).

Accordingly, this appeal is dismissed.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed May 31, 2023 Do not publish [CR25]

Fenner v. State Page 2