Christopher Dillard v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledMay 13, 2026
Docket04-25-00750-CR
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00750-CR
Christopher DILLARD,
Appellant
v.
The STATE of Texas,
Appellee
From the 38th Judicial District Court, Real County, Texas
Trial Court No. 2021-1420-DR
Honorable Kelley Kimble, Judge Presiding
PER CURIAM
Sitting: Lori Massey Brissette, Justice
Adrian A. Spears II, Justice
H. Todd McCray, Justice
Delivered and Filed: May 13, 2026
DISMISSED FOR LACK OF JURISDICTION
Appellant attempts to appeal from his conviction for sexual assault of a child under Texas
Penal Code Section 22.011(a)(2). “A timely notice of appeal is necessary to invoke” appellate
jurisdiction. Taylor v. State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014). “A defendant’s notice of
appeal is timely if filed within thirty days after the day sentence is imposed or suspended, or within
ninety days after sentencing if the defendant timely files a motion for new trial.” Id. (citing TEX.
R. APP. P. 26.2(a)).
04-25-00750-CR
The trial court imposed the sentence on August 7, 2025. Because appellant did not file a
motion for new trial, his notice of appeal was due by September 8, 2025. See TEX. R. APP. P.
26.2(a)(1). The record reflects appellant filed his notice of appeal on November 5, 2025, making
this appeal untimely. Because it appears we lack jurisdiction over this appeal, we ordered appellant
to show cause on or before April 15, 2026 why this appeal should not be dismissed for lack of
jurisdiction. In response, appellant filed a letter acknowledging that he did not file a motion for
new trial in this case and stating that appellant “does not contest the jurisdictional issue[.]” We
therefore dismiss this untimely appeal for lack of jurisdiction. See Taylor, 424 S.W.3d at 43.
PER CURIAM
DO NOT PUBLISH
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