Jamison Whitaker v. the State of Texas
CourtTexas Court of Appeals, 10th District (Waco)
Date FiledNovember 5, 2026
Docket10-26-00438-CR
StatusPublished
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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Do not publish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