Full Opinion

NUMBER 13-26-00296-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG CEDRICK JOSIAH DELEON, Appellant, v. THE STATE OF TEXAS, Appellee. ON APPEAL FROM THE 156TH DISTRICT COURT OF SAN PATRICIO COUNTY, TEXAS MEMORANDUM OPINION Before Chief Justice Tijerina and Justices Silva and Cron Memorandum Opinion by Chief Justice Tijerina This cause is before the Court on appellant’s untimely notice of appeal. On March 10, 2026, the trial court issued a judgment of conviction in cause number S-25-3445CR. On April 10, 2026, appellant filed a notice of appeal. On April 20, 2026, the Clerk of the Court notified appellant’s counsel that it appeared the appeal has not been timely perfected. Appellant’s counsel was further notified that if the defect was not cured within ten days from the date of the notice, the appeal would be dismissed. This Court’s appellate jurisdiction in a criminal case is invoked by a timely filed notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent a timely filed notice of appeal, a court of appeals does not have jurisdiction to address the merits of the appeal and can take no action other than to dismiss the appeal for want of jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Unless a motion for new trial is timely filed, a notice of appeal must be filed within thirty days after the day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order. TEX. R. APP. P. 26.2(a)(1). Where a timely motion for new trial is filed, the notice of appeal must be filed within ninety days after the day sentence is imposed or suspended in open court. See id. R. 26.2(a)(2). The time within which to file the notice may be enlarged if, within fifteen days after the deadline for filing the notice, the party files the notice of appeal and a motion complying with Rule 10.5(b) of the Texas Rules of Appellate Procedure. See id. R. 26.3. Appellant failed to file such a motion, and appellant’s notice of appeal was untimely filed, so we lack jurisdiction over the appeal. See Slaton, 981 S.W.2d at 210. The Court, having examined and fully considered the documents on file and appellant’s failure to timely perfect his appeal, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant may be entitled to an out-of-time appeal by filing a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals; however, the availability of that remedy is beyond the jurisdiction of this Court. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a); see also Ex parte Garcia, 988 S.W.2d 240 (Tex. Crim. App. 1999). The appeal hereby is dismissed for want of jurisdiction. Within 2 five days from the date of this Court’s opinion, counsel is ordered to send a copy of this opinion and this Court’s judgment to appellant. JAIME TIJERINA Chief Justice Do not publish. TEX. R. APP. P. 47.2(b). Delivered and filed on the 25th day of June, 2026. 3