Tracy Dean Williams v. the State of Texas
This text of Tracy Dean Williams v. the State of Texas (Tracy Dean Williams v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas 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
Ninth District of Texas at Beaumont
__________________
NO. 09-25-00092-CR NO. 09-25-00093-CR NO. 09-25-00094-CR __________________
TRACY DEAN WILLIAMS, Appellant
V.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
On Appeal from the 359th District Court Montgomery County, Texas Trial Cause Nos. 24-03-04723, 24-03-04725 and 24-03-04728 __________________________________________________________________
MEMORANDUM OPINION
On January 16, 2025, the trial court sentenced Tracy Dean Williams in Trial
Cause Numbers 24-03-04723, 24-03-04725, and 24-03-04728. Williams did not file
motions for new trial within 30 days after the date on which the trial court imposed
sentence. See Tex. R. App. P. 21.4(a). Notice of appeal was due to be filed on
February 18, 2025. Williams’s time for filing a motion for extension of time to
perfect his appeals expired on March 5, 2025. On March 18, 2025, the District Clerk
1 received and filed notices of appeal for 24-03-04723, 24-03-04725, and 24-03-
04728.
On March 21, 2025, the Clerk of the Court notified the parties that the notices
of appeal had been filed outside the time for which an extension of time may be
granted for filing notice of appeal and warned the parties that the appeals would be
dismissed unless grounds were shown for continuing the appeals. Neither Williams
nor the State responded to the Clerk’s notice.
When a defendant appeals from a conviction in a criminal case, the time to
file a notice of appeal runs from the date sentence is imposed or suspended in open
court. See Tex. R. App. P. 26.2(a). An appellate court may extend the time to file the
notice of appeal if, within 15 days after the deadline for filing the notice of appeal,
the defendant files a notice of appeal in the trial court and files a motion for extension
of time in the appellate court. See Tex. R. App. P. 26.3. In each case, Williams failed
to file a notice of appeal and a motion for an extension of time within the time
permitted by the rule. See id.
“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, the court of appeals has no option but to
dismiss the appeal for lack of jurisdiction.” Id. Williams does not argue that he
2 obtained out-of-time appeals from the Court of Criminal Appeals. We dismiss the
appeals for lack of jurisdiction. See Tex. R. App. P. 43.2(f).
APPEALS DISMISSED.
PER CURIAM
Submitted on April 22, 2025 Opinion Delivered April 23, 2025 Do Not Publish
Before Golemon, C.J., Johnson and Wright, JJ.
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