Xavier Lee Jimenez v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledOctober 7, 2026
Docket04-26-00609-CR
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Fourth Court of Appeals
San Antonio, Texas.
MEMORANDUM OPINION
No. 04-26-00608-CR
No. 04-26-00609-CR
Xavier Lee JIMENEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court Nos. 2013CR4983, 2017CR5728
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Irene Rios, Justice
Lori I. Valenzuela, Justice
Lori Massey Brissette, Justice
Delivered and Filed: October 7, 2026
DISMISSED FOR WANT OF JURISDICTION
On July 24, 2026, appellant Xavier Lee Jimenez filed two untimely notices of appeal from
(1) the trial court’s April 6, 2018 judgment adjudicating his guilt after revoking his community
supervision for the first-degree felony offense of possession with the intent to deliver a controlled
substance from penalty group one in the amount of four grams or more but less than two hundred
grams and, (2) the trial court’s April 17, 2018 judgment of conviction for the first-degree felony
04-26-00608-CR, 04-26-00609-CR
offense of possession of a controlled substance from penalty group one in the amount of two
hundred grams or more but less than four hundred grams rendered pursuant to a plea agreement.
We dismiss these appeals for want of jurisdiction.
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 or suspended 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 or suspended in open court. See TEX. R. APP. P. 26.2(a). Jimenez filed his pro se notices
of appeal more than eight years after the trial court sentenced Jimenez in open court for both cases.
Because the appeals were not timely perfected, we have no jurisdiction but to dismiss these
appeals. See 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). Jimenez, however, may be able to secure an out-of-
time appeal by filing a postconviction writ of habeas corpus with the Texas Court of Criminal
Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07; Ater v. Eighth Ct. of Appeals, 802 S.W. 2d
241, 243 (Tex. Crim. App. 1991) (orig. proceeding).
We dismiss these appeals for want of jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-