Eual Eldon Hayes, III v. the State of Texas
CourtTexas Court of Appeals, 6th District (Texarkana)
Date FiledJuly 21, 2026
Docket06-26-00111-CR
StatusPublished
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Full Opinion
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-26-00111-CR
EUAL ELDON HAYES, III, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 8th District Court
Hopkins County, Texas
Trial Court No. 2430205
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice van Cleef
MEMORANDUM OPINION
Eual Eldon Hayes, III, has filed an untimely notice of appeal from the trial court’s
judgment in this matter. We dismiss the appeal for want of jurisdiction.
The judgment of conviction in this matter indicates that the trial court imposed Hayes’s
sentence on January 29, 2026. Because Hayes did not file a motion for new trial, his notice of
appeal was due on or before March 2, 2026. See TEX. R. APP. P. 26.2(a)(1). Hayes did not file
his notice of appeal until June 22, 2026, well beyond the March 2, 2026, deadline.
Consequently, Hayes’s attempt to appeal his conviction in this matter was untimely.
The Texas Court of Criminal Appeals has expressly held that, without a timely filed
notice of appeal, we cannot exercise jurisdiction over an appeal. See Olivo v. State, 918 S.W.2d
519, 522 (Tex. Crim. App. 1996); see also Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. Crim.
App. 1998) (per curiam).
We notified Hayes by letter that his notice of appeal appeared to be untimely and that the
appeal was subject to dismissal for want of jurisdiction. We gave Hayes ten days to respond to
our letter and to demonstrate how we had jurisdiction over the appeal notwithstanding the noted
defect. While Hayes responded, he did not provide a sufficient basis for retaining this matter on
our docket.
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Because Hayes has not timely perfected his appeal, we dismiss the appeal for want of
jurisdiction. See TEX. R. APP. P. 42.3(b), (c).
Charles van Cleef
Justice
Date Submitted: July 20, 2026
Date Decided: July 21, 2026
Do Not Publish
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