Joshua McFerran v. the State of Texas

Dismissed and Memorandum Opinion filed November 14, 2023

In The

Fourteenth Court of Appeals

NO. 14-23-00595-CR

JOSHUA MCFERRAN, Appellant

V.
THE STATE OF TEXAS, Appellee

On Appeal from the 239th District Court
Brazoria County, Texas
Trial Court Cause No. 93022-CR

MEMORANDUM OPINION

Appellant is attempting to appeal the denial of an application for writ of
habeas corpus which was signed on March 22, 2023. Therefore, appellant’s notice
of appeal was due by April 21, 2023. See Tex. R. App. P. 26.2(a)(1).

A court of appeals may grant an extension of time if, within 15 days after the
deadline for filing the notice of appeal, the party files (a) the notice of appeal in the
trial court, and (b) a motion for extension of time in the court of appeals. See Tex.
R. App. P. 26.3; see also Tex. R. App. P. 10.5(b)(2) (governing motion for
extension of time to file notice of appeal). The fifteenth day after April 21, 2023,
was May 6, 2023.

Appellant filed his notice of appeal on August 17, 2023, a date that is not
within 15 days of the due date. A notice of appeal that complies with the
requirements of Texas Rule of Appellate Procedure 26 is essential to vest the court
of appeals with jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.
1996). When a notice of appeal is not filed within the 15-day period, the court of
appeals can take no action other than to dismiss the appeal for lack of jurisdiction.
See id.

On October 17, 2023, the parties were notified that the appeal would be
dismissed for lack of jurisdiction unless a party demonstrated that the court has
jurisdiction by November 7, 2023. No response has been received.

Accordingly, we dismiss the appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Hassan, Poissant, and Wilson.
Do Not Publish — Tex. R. App. P. 47.2(b).

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