Full Opinion

Court of Appeals Tenth Appellate District of Texas 10-26-00438-CR Jamison Whitaker, Appellant v. The State of Texas, Appellee On appeal from the 443rd District Court of Ellis County, Texas Senior Judge Cynthia Ermatinger, presiding Trial Court Cause No. 49332CR CHIEF JUSTICE JOHNSON delivered the opinion of the Court. MEMORANDUM OPINION Appellant, Jamison Whitaker, filed a pro se notice of appeal with the trial court which was forwarded to this Court, attempting to appeal his conviction for which sentence was imposed on October 23, 2024. 1 This Court 0F 1 Whitaker references both the date of conviction and the offense he is attempting to appeal in his notice of appeal. has already addressed Whitaker’s direct appeal in Cause Number 10-24- 00357-CR, affirmed the judgment of conviction by opinion and judgment dated August 7, 2025, and this Court’s mandate was issued on October 8, 2025. A notice of appeal must be filed within 30 days of the imposition of sentence. See TEX. R. APP. P. 26.2(a)(1). The notice of appeal filed in the trial court on October 26, 2026, was untimely. 2 Accordingly, we lack jurisdiction 1F over this appeal and this appeal is dismissed. MATT JOHNSON Chief Justice OPINION DELIVERED and FILED: November 5, 2026 Before Chief Justice Johnson, Justice Harris, and Senior Justice Steve Smith 3 2F Appeal dismissed Do not publish CRPM 2 Because this notice of appeal was clearly untimely, we do not need to address the propriety of Whitaker appealing the judgment for the second time. 3 The Honorable Steve Smith, Senior Justice (Retired) of the Tenth Court of Appeals, sitting by assignment of the Chief Justice of the Supreme Court of Texas. Whitaker v. State Page 2