Gerrick Oliver v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 26, 2022
• Docket: 10-22-00330-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-22-00330-CR

GERRICK OLIVER, Appellant v.

THE STATE OF TEXAS, Appellee

From the 85th District Court Brazos County, Texas Trial Court No. 19-00795-CRF-85

MEMORANDUM OPINION

Appellant Gerrick Oliver’s notice of appeal and a motion for extension of time to

file the notice of appeal were filed in this Court on October 10, 2022. The district clerk’s

record, filed on October 19, 2022, reflects that judgments were signed on July 22, 2022.

No motion for new trial was filed. Oliver’s appeal is, therefore, untimely, and we lack

jurisdiction to consider his appeal. See TEX. R. APP. P. 26.2(a).

The appellate court may extend the time to file an appeal if, within fifteen days

after the deadline for filing the notice of appeal, the party: (a) files in the trial court the notice of appeal, and (b) files in the appellate court a motion for extension of time to file

a notice of appeal. Id. 26.3. Oliver’s motion to extend the time for filing the notice of

appeal was filed beyond that fifteen-day period. See Olivo v. State, 918 S.W.2d 519, 523

(Tex. Crim. App. 1996).

Accordingly, this appeal is dismissed for lack of jurisdiction, and Oliver’s Motion

for Extension of Time to File is denied.

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Opinion delivered and filed October 26, 2022 Appeal dismissed; motion denied Do not publish [CR25]

Oliver v. State Page 2