Menion Marquis Samuels v. the State of Texas

Opinion filed June 25, 2026

In The

Eleventh Court of Appeals
___________

No. 11-26-00057-CR
___________

MENION MARQUIS SAMUELS, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 104th District Court
Taylor County, Texas
Trial Court Cause No. 23309-B

MEMORANDUM OPINION
A jury found Appellant, Menion Marquis Samuels, guilty of continuous
sexual abuse of a child. TEX. PENAL CODE ANN. § 21.02 (West 2026). The jury
assessed his punishment at life imprisonment in the Institutional Division of the
Texas Department of Criminal Justice. Appellant’s counsel has not timely filed a
notice of appeal from the trial court’s judgment. Therefore, we dismiss this appeal
for want of jurisdiction.
On March 4, we informed Appellant by letter that an appeal had not been
perfected in this court and that this appeal was subject to dismissal for want of
jurisdiction absent a timely filed notice of appeal. TEX. R. APP. P. 25.2(b). Although
Appellant’s counsel timely filed a motion for new trial and a motion for extension
of time to file a notice of appeal, he did not file a notice of appeal. See TEX. R.
APP. P. 21.4(a), 26.2(a), 26.3. On June 15, Appellant’s counsel filed a letter
confirming that the notice “did not get filed” and informed us that he is seeking an
out-of-time appeal with the Court of Criminal Appeals. See TEX. CODE CRIM. PROC.
ANN. art. 11.07 (West Supp. 2025); Ater v. Eighth Ct. of Appeals, 802 S.W. 2d 241,
243 (Tex. Crim. App. 1991) (orig. proceeding).
Pursuant to the Texas Rules of Appellate Procedure, a notice of appeal must
be filed either (1) within thirty days after the date that sentence is imposed in open
court or (2) if the defendant timely files a motion for new trial, within ninety days
after the date that sentence is imposed in open court. TEX. R. APP. P. 26.2(a).
Appellant’s counsel has not filed a notice of appeal, and we lack the authority to
extend the time for perfecting the appeal. As such, we have no discretion in this
matter, and we must dismiss this appeal. Hernandez v. State, 726 S.W.3d 285, 289
(Tex. Crim. App. 2025); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.
1998).
We dismiss this appeal for want of jurisdiction.

W. STACY TROTTER
JUSTICE

June 25, 2026
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

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