Background
After a combined probation-revocation hearing on March 14, 2025, the trial court revoked Texaco Temple’s probation in two cases. Temple attempted to file applications for discretionary appeal in the trial court in March and May 2025.
On June 1, 2026, the trial court entered an order explaining that it had no duty to rule on those applications because discretionary-appeal applications must be filed in the Court of Appeals. Temple filed an application in the Court of Appeals on July 3, 2026.
The Court’s Holding
The Court of Appeals dismissed the application for lack of jurisdiction. A discretionary application from a probation-revocation order must be filed in the appropriate appellate court within 30 days of the revocation order.
Temple’s attempted filings in the trial court did not satisfy that requirement because applications for discretionary appeal must be filed in the Court of Appeals. The court also concluded that, even if the June 1, 2026 order were treated as a probation-revocation order, the July 3 application was filed 32 days later and was still untimely.
Key Takeaways
- The 30-day deadline for a discretionary appeal from a probation-revocation order is jurisdictional.
- Filing a discretionary-appeal application in the trial court has no legal effect.
- The appellate court cannot create an equitable exception to the statutory filing deadline.
Why It Matters
The order underscores that litigants seeking review of a probation revocation must file a discretionary application directly with the appropriate appellate court within the statutory deadline. A timely but misdirected filing in the trial court does not preserve appellate jurisdiction.