Background
Bryce Reagan Tolleson appealed his conviction for indecency with a child and his sentence of 12 years’ confinement. The trial court sentenced him on July 16, 2026.
Tolleson’s motion for new trial was due August 17, but he filed it on August 18. Because that motion was untimely, it did not extend the deadline for his notice of appeal, which also was due August 17. Tolleson filed his notice on August 18 without moving for an extension of time.
The Court of Appeals notified Tolleson of the consequences of the late filing and directed him to establish appellate jurisdiction by August 31. He did not respond or otherwise communicate further with the court.
The Court’s Holding
The court held that Tolleson’s untimely notice of appeal prevented it from acquiring jurisdiction. A timely written notice of appeal is a jurisdictional prerequisite, and Tolleson’s late motion for new trial did not extend the notice deadline.
Although the notice was filed within the 15-day period during which an extension could have been requested, Tolleson filed no extension motion reasonably explaining the delay. The court therefore concluded that it could take no action other than dismissing the appeal for want of jurisdiction.
Key Takeaways
- An untimely motion for new trial does not extend the deadline to file a notice of appeal in a Texas criminal case.
- Filing a notice of appeal during the 15-day extension period is insufficient without also filing a motion for extension of time.
- Because the timely filing of a notice of appeal is jurisdictional, the court dismissed Tolleson’s appeal without reaching its merits.
Why It Matters
The decision underscores that Texas criminal appellate deadlines are jurisdictional and strictly enforced. A one-day delay can foreclose direct appellate review when the appellant does not properly seek an extension.
The court noted that Tolleson may be able to seek an out-of-time appeal through a habeas corpus application returnable to the Texas Court of Criminal Appeals.