Demetric D. Jackson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 11, 2023
• Docket: 04-23-00722-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00722-CR

Demetric D. JACKSON, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR0684 Honorable Stephanie R. Boyd, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: October 11, 2023

DISMISSED FOR WANT OF JURISDICTION

On January 24, 2023, Appellant Demetric Deshawn Jackson was charged with one count

of domestic violence strangulation as a repeat offender. On June 1, 2023, he pleaded no contest,

and the trial court sentenced him to six years’ imprisonment and a $500 fine. The trial court

certified that Appellant had no right of appeal. See TEX. R. APP. P. 25.2(a)(2), (d).

Even if Appellant had obtained the trial court’s permission to appeal, “[a] timely notice of

appeal is necessary to invoke a court of appeals’ jurisdiction.” Olivo v. State, 918 S.W.2d 519, 522

(Tex. Crim. App. 1996) (citing Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993)). In this 04-23-00722-CR

case, Appellant filed a notice of appeal on July 25, 2023, after the deadline for perfecting an appeal.

Contra TEX. R. APP. P. 26.2(a). See id. R. 25.2(a)(2).

On September 1, 2023, we issued an order to show cause, requiring Appellant to explain

why the appeal should not be dismissed for wanted of jurisdiction both because his notice of appeal

was untimely 1 and because the trial court certified that he did not have a right to appeal. 2 We

warned Appellant that if he failed to provide a reasonable explanation, his appeal would be

dismissed without further notice. Appellant filed a response, conceding that we must dismiss the

appeal for want of jurisdiction.

We now dismiss the purported appeal for want of jurisdiction.

Do Not Publish

1 A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). 2 See TEX. R. APP. P. 25.2(a)(2)

-2-