Brandon Roy Hammett v. the State of Texas
CourtTexas Court of Appeals, 6th District (Texarkana)
Date FiledAugust 19, 2026
Docket06-26-00123-CR
StatusPublished
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Full Opinion
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-26-00123-CR
BRANDON ROY HAMMETT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 5th District Court
Cass County, Texas
Trial Court No. 2024F00113
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Chief Justice Stevens
MEMORANDUM OPINION
Brandon Roy Hammett has filed an untimely notice of appeal from the trial court’s
judgment in this matter. We dismiss this appeal for want of jurisdiction.
The judgment of conviction in this matter indicates that the trial court imposed
Hammett’s sentence on November 17, 2025. Because Hammett did not file a motion for new
trial, his notice of appeal was due on or before December 17, 2025. See TEX. R. APP. P.
26.2(a)(1). Hammett did not file his notice of appeal until July 29, 2026, well beyond the
December 17 deadline. Consequently, Hammett’s attempt to appeal his conviction in this matter
was untimely.
The Texas Court of Criminal Appeals has expressly held that, without a timely filed
notice of appeal, we cannot exercise jurisdiction over an appeal. Olivo v. State, 918 S.W.2d 519,
522 (Tex. Crim. App. 1996); Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. Crim. App. 1998)
(per curiam).
On July 31, 2026, we notified Hammett by letter that his notice of appeal appeared to be
untimely and that the appeal was subject to dismissal for want of jurisdiction. We gave Hammett
fourteen days to respond to our letter and to demonstrate how we had jurisdiction over the appeal
notwithstanding the noted defect. Hammett did not file a response to our letter.
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Because Hammett has not timely perfected his appeal, we dismiss this appeal for want of
jurisdiction.
Scott E. Stevens
Chief Justice
Date Submitted: August 18, 2026
Date Decided: August 19, 2026
Do Not Publish
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