Raynaldo Aguirre v. the State of Texas

NUMBER 13-25-00519-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

RAYNALDO AGUIRRE, Appellant,

v.

THE STATE OF TEXAS, Appellee.

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

MEMORANDUM OPINION
Before Justices Silva, Peña, and West
Memorandum Opinion by Justice Silva

This cause is before the Court on appellant’s counsel’s motion to dismiss appeal

and motion to withdraw. On August 21, 2025, appellant was adjudicated for the offense

of kidnapping, a third-degree felony, in trial court cause number 22FC-4116H. See TEX.

PENAL CODE ANN. § 20.03. On the same day, the trial court imposed upon appellant a

three-year sentence. On October 20, 2025, appellant filed a notice of appeal. On October
21, 2025, the Clerk of the Court notified appellant that it appeared the appeal has not

been timely perfected. Appellant 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. 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. 26.3. Appellant’s notice of appeal was

filed sixty days after his sentence was imposed. Furthermore, appellant did not file a

timely motion for extension of time to file the notice of appeal. Because appellant’s notice

of appeal was untimely filed, 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

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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

240 (Tex. Crim. App. 1999). The appeal is hereby dismissed for want of jurisdiction.

Accordingly, we grant appellant’s motion to dismiss appeal and motion to withdraw.

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 judgment to appellant and to advise him of his right to file

a petition for discretionary review. See TEX. R. APP. P. 48.4.

CLARISSA SILVA
Justice

Do not publish.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

Delivered and filed on the
4th day of December, 2025.

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