Jonathan Urquidi Bello v. the State of Texas
CourtTexas Court of Appeals, 11th District (Eastland)
Date FiledJuly 30, 2026
Docket11-26-00158-CR
StatusPublished
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Full Opinion
Opinion filed July 30, 2026
In The
Eleventh Court of Appeals
__________
No. 11-26-00158-CR
__________
JONATHAN URQUIDI BELLO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 161st District Court
Ector County, Texas
Trial Court Cause No. B240416CR
MEMORANDUM OPINION
On May 21, 2026, Appellant, Jonathan Urquidi Bello, filed an untimely notice
of appeal from the trial court’s judgment revoking his community supervision for
the third-degree felony offense of evading arrest or detention with a vehicle. See
TEX. PENAL CODE ANN. § 38.04(b)(2)(A) (West Supp. 2025). We dismiss the appeal
for want of jurisdiction.
When this appeal was docketed, we notified Appellant by letter that his notice
of appeal appeared to be untimely filed and that the appeal was subject to dismissal.
See TEX. R. APP. P. 26.2(a). In our letter, we requested that Appellant respond and
show grounds to continue the appeal. Appellant responded and stated that his court-
appointed attorney, Kevin Acker, represented him during the hearing and was
“handling [his] appeal for the 10 year TDCJ sentence.” We sent two letters
requesting a response from his attorney regarding whether any notice of appeal has
been filed by Appellant or on Appellant’s behalf that would invoke our jurisdiction.1
Appellant’s attorney has not responded, and it does not appear that his attorney filed
a notice of appeal or a motion for new trial on Appellant’s behalf.
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 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 in open court. Id. Appellant filed his pro se
notice of appeal 104 days after the trial court sentenced Appellant in open court.
We lack the authority to extend the time for perfecting the appeal. As such,
we have no discretion in this matter, and we must dismiss this appeal. 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). We note, however, that Appellant may be able to
secure an out-of-time appeal by filing a postconviction writ of habeas corpus with
the Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West
Supp. 2025); Ater v. Eighth Ct. of Appeals, 802 S.W. 2d 241, 243 (Tex. Crim. App.
1991) (orig. proceeding).
We note that, in Appellant’s notice of appeal, he stated that his “lawyer did file an appeal [on] the
1
day” he was sentenced, “at the beginning of 2026.”
2
We dismiss this appeal for want of jurisdiction.
W. BRUCE WILLIAMS
JUSTICE
July 30, 2026
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
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