Darius Nigel Sauls v. the State of Texas
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledSeptember 3, 2026
Docket02-26-00260-CR
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00260-CR
___________________________
DARIUS NIGEL SAULS, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 371st District Court
Tarrant County, Texas
Trial Court No. 1778885
Before Sudderth, C.J.; Kerr and Walker, JJ.
Memorandum Opinion by Justice Walker
MEMORANDUM OPINION
Appellant Darius Nigel Sauls, acting pro se, attempts to appeal the trial court’s
May 12, 2026 judgment adjudicating him guilty of possession of less than one gram of
cocaine. See Tex. Health & Safety Code § 481.115(b). Because Sauls did not file a
motion for new trial, his notice of appeal was due June 11, 2026. See Tex. R. App. P.
26.2(a)(1) (providing that a defendant’s notice of appeal must be filed “within 30 days
after the day sentence is imposed or suspended in open court, or after the day the trial
court enters an appealable order”). Sauls’s notice of appeal, however, was not filed
until July 6, 2026, making it untimely. See id.
On July 8, 2026, we notified Sauls by letter of our concern that we lack
jurisdiction over this appeal because his notice of appeal was untimely. We requested
that, on or before July 20, 2026, Sauls (1) advise whether he properly addressed,
stamped, and mailed the notice of appeal by United States Postal Service to the
proper trial court clerk on or before June 11, 2026, and (2) provide evidence of proof
of mailing. See Tex. R. App. P. 1.1, 9.2(b). We warned Sauls that if we determined
that the appeal was not timely perfected, we would dismiss it for want of jurisdiction.
See Tex. R. App. P. 43.2(f). Sauls has not complied with our request or otherwise filed
a response to our jurisdiction letter.
A timely notice of appeal is essential to vest this court with jurisdiction. See
Olivo v. State, 918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996). Accordingly, because
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Sauls’s notice of appeal was untimely, we dismiss this appeal for want of jurisdiction.1
See Tex. R. App. P. 26.2(a)(1), 43.2(f); Olivo, 918 S.W.2d at 522–23; Carmichael v. State,
No. 02-25-00429-CR, 2026 WL 179568, at *1 (Tex. App.—Fort Worth Jan. 22, 2026,
no pet.) (per curiam) (mem. op., not designated for publication) (dismissing appeal for
want of jurisdiction when appellant’s notice of appeal was untimely and he did not
comply with appellate court’s request to advise whether he had properly addressed,
stamped, or mailed his notice of appeal by United States Postal Service to the proper
trial court clerk prior to the applicable deadline).
/s/ Brian Walker
Brian Walker
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: September 3, 2926
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We may extend the jurisdictional deadline if a notice of appeal is filed in the
trial court within fifteen days of its due date, and within that same period, the
appellant also files a motion for extension of time complying with Texas Rule of
Appellate Procedure 10.5(b). See Tex. R. App. P. 26.3; Olivo, 918 S.W.2d at 522; see
also Tex. R. App. P. 10.5(b). Here, however, Sauls has not filed a motion for
extension of time to file his notice of appeal. But even if he had done so, his notice
of appeal would still be untimely because it was filed more than fifteen days after its
due date. See Tex. R. App. P. 26.3; Olivo, 918 S.W.2d at 522.
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