Nicholas Craig Perkins v. the State of Texas
This text of Nicholas Craig Perkins v. the State of Texas (Nicholas Craig Perkins v. the State of Texas) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 7th District (Amarillo) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-26-00097-CR
NICHOLAS CRAIG PERKINS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 251st District Court Randall County, Texas Trial Court No. 30936C, Counts I and II; Honorable Ana Estevez, Presiding
March 5, 2026 MEMORANDUM OPINION Before PARKER, C.J., and DOSS and YARBROUGH, JJ.
Appellant, Nicholas Craig Perkins, proceeding pro se, appeals his convictions for
burglary of a habitation1 and aggravated kidnapping.2 The trial court imposed concurrent
sentences of eight years’ confinement for burglary and twelve years’ confinement for
aggravated kidnapping. We dismiss the untimely appeal for want of jurisdiction.
1 See TEX. PENAL CODE § 30.02.
2 See TEX. PENAL CODE § 20.04. The trial court sentenced Appellant on June 14, 2021. Because Appellant did not
file a motion for new trial, his notice of appeal was due within thirty days after sentence
was imposed, by July 14, 2021. See TEX. R. APP. P. 26.2(a)(1). Appellant filed a notice
of appeal on February 18, 2026.
The timely filing of a written notice of appeal is a jurisdictional prerequisite to
hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). If a
notice of appeal is not timely filed, an appellate court has no option but to dismiss the
appeal for want of jurisdiction. Id. By letter of February 19, 2026, we notified Appellant
of the consequences of his late notice of appeal and directed him to show how the Court
has jurisdiction over the appeal. Although Appellant has filed a response, he has not
demonstrated grounds for continuing the appeal.
Because Appellant’s untimely notice of appeal prevents this Court from acquiring
jurisdiction over the appeal, we dismiss the appeal for want of jurisdiction.3
Per Curiam
Do not publish.
3 Appellant may be entitled to relief by filing an application for writ of habeas corpus returnable to
the Court of Criminal Appeals for consideration of an out-of-time appeal. See TEX. CODE CRIM. PROC. art. 11.07.
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