Full Opinion

In The Court of Appeals Seventh District of Texas at Amarillo No. 07-26-00366-CR BRYCE REAGAN TOLLESON, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 108th District Court Potter County, Texas Trial Court No. 078561-E-CR, Honorable Timothy G. Pirtle, Presiding September 22, 2026 MEMORANDUM OPINION Before PARKER, C.J., and DOSS and YARBROUGH, JJ. Appellant, Bryce Reagan Tolleson, appeals his conviction for indecency with a child 1 and sentence to twelve years of confinement. We dismiss the untimely appeal for want of jurisdiction. The trial court sentenced Appellant on July 16, 2026. A motion for new trial was due within thirty days of sentencing, by August 17, 2026. See TEX. R. APP. P. 4.1(a), 1 See TEX. PENAL CODE § 21.11(d). 21.4(a). Appellant did not file a motion for new trial until August 18, 2026. Because the motion for new trial was untimely, it did not extend Appellant’s deadline to file a notice of appeal. See TEX. R. APP. P. 26.2(a) (requiring a notice of appeal to be filed within thirty days after sentencing or within ninety days if a timely motion for new trial is filed). Accordingly, Appellant’s notice of appeal was due by August 17, 2026. See TEX. R. APP. P. 26.2(a)(1). Appellant filed a notice of appeal on August 18, 2026, one day after the deadline, and did not file a motion for an extension of time. See TEX. R. APP. P. 10.5(b), 26.3 (permitting an appellate court to extend the appellate deadline by fifteen days if a motion for extension is filed that reasonably explains the need for an extension). The timely filing of a written notice of appeal is a jurisdictional prerequisite to hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). When a notice of appeal, but no motion for extension of time, is filed within the fifteen-day period, the court of appeals lacks jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for lack of jurisdiction. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996) (en banc). By letter of August 20, 2026, we notified Appellant of the consequences of his late notice of appeal and directed him to show how the Court has jurisdiction over the appeal by August 31, 2026. Appellant has not filed a response nor had any further communication with this Court to date. 2 Because Appellant’s untimely notice of appeal prevents this Court from acquiring jurisdiction over the appeal, we dismiss the appeal for want of jurisdiction. 2 Per Curiam Do not publish. 2 Appellant may be entitled to relief by filing an application for writ of habeas corpus returnable to the Court of Criminal Appeals for consideration of an out-of-time appeal. See TEX. CODE CRIM. PROC. art. 11.07. 3