Eric Robert Kendrick v. the State of Texas
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Opinion
In the Court of Appeals Sixth Appellate District of Texas at Texarkana
No. 06-25-00045-CR
ERIC ROBERT KENDRICK, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 336th District Court Fannin County, Texas Trial Court No. CR-22-28847
Before Stevens, C.J., van Cleef and Rambin, JJ. Memorandum Opinion by Justice Rambin MEMORANDUM OPINION
On August 19, 2024, a Fannin County jury found Eric Robert Kendrick guilty of
indecency with a child by sexual contact, and the trial court sentenced him to fifteen years’
confinement in prison. See TEX. PENAL CODE ANN. § 21.11(d). Kendrick timely filed a motion
for new trial on September 18, 2024. Because Kendrick filed a timely motion for new trial, the
deadline for filing a notice of appeal was extended from thirty days to ninety days from the date
sentence was imposed. See TEX. R. APP. P. 26.2(a)(2). Thus, Kendrick’s notice of appeal was
due on or before November 18, 2024. See id.
Kendrick filed his notice of appeal on March 12, 2025, which was well beyond the
November 18, 2024, deadline. 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); see also Slaton v. State, 981 S.W.2d 208,
209 n.3 (Tex. Crim. App. 1998) (per curiam).
On March 18, 2025, this Court informed Kendrick of the apparent defect in our
jurisdiction and afforded him the opportunity to explain how we have jurisdiction over this
appeal. We warned Kendrick that, if he did not respond by April 7, 2025, we would have no
choice but to dismiss this matter for want of jurisdiction. Although Kendrick filed a timely
response to our March 18, 2025, correspondence, it did not include a satisfactory explanation as
to how we have jurisdiction over this appeal.
2 Because Kendrick did not timely perfect his appeal, we dismiss this appeal for want of
jurisdiction.
Jeff Rambin Justice
Date Submitted: April 3, 2025 Date Decided: April 4, 2025
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