Roger Denk v. the State of Texas

NUMBER 13-25-00437-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

ROGER DENK, Appellant,

v.

THE STATE OF TEXAS, Appellee.

ON APPEAL FROM THE 347TH DISTRICT COURT
OF NUECES COUNTY, TEXAS

MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Peña and West
Memorandum Opinion by Justice Peña

This cause is before the Court on appellant’s untimely filed pro se notice of appeal.

On July 22, 2025, the trial court issued a judgment of conviction in cause number 25FC-

2859H. On September 4, 2025, appellant, acting pro se filed a notice of appeal which was

post marked September 3, 2025. On October 14, 2025, the Clerk of the Court notified

appellant’s counsel that it appeared the appeal has not been timely perfected. Appellant’s
counsel was further notified that if the defect was not cured within ten days from the date

of the notice, the appeal would be dismissed.

This Court’s appellate jurisdiction in a criminal case is invoked by a timely filed

notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent a

timely filed notice of appeal, a court of appeals does not have jurisdiction to address the

merits of the appeal and can take no action other than to dismiss the appeal for want of

jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).

Unless a motion for new trial is timely filed, a notice of appeal must be filed within

thirty days after the day sentence is imposed or suspended in open court, or after the day

the trial court enters an appealable order. TEX. R. APP. P. 26.2(a)(1). Where a timely

motion for new trial is filed, the notice of appeal must be filed within ninety days after the

day sentence is imposed or suspended in open court. See id. R. 26.2(a)(2). The time

within which to file the notice may be enlarged if, within fifteen days after the deadline for

filing the notice, the party files the notice of appeal and a motion complying with Rule

10.5(b) of the Texas Rules of Appellate Procedure. See id. R. 26.3. Appellant’s notice of

appeal was untimely filed, so we lack jurisdiction over the appeal. See Slaton, 981 S.W.2d

at 210.

The Court, having examined and fully considered the documents on file

and appellant’s failure to timely perfect his appeal, is of the opinion that the appeal should

be dismissed for want of jurisdiction. Appellant may be entitled to an out-of-time appeal

by filing a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal

Appeals; however, the availability of that remedy is beyond the jurisdiction of this Court.

See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a); see also Ex parte Garcia, 988 S.W.2d
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240 (Tex. Crim. App. 1999). The appeal hereby is dismissed for want of jurisdiction. Within

five days from the date of this Court’s opinion, counsel is ordered to send a copy of this

opinion and this Court’s Judgement.

L. ARON PEÑA JR.
Justice

Do not publish.
TEX. R. APP. P. 47.2(b).

Delivered and filed on the
11th day of December, 2025.

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