Background
Judd Bishop, proceeding without counsel, sought to appeal an order placing him on deferred adjudication community supervision for stalking. The trial court signed the order on July 29, 2026.
Because Bishop did not file a motion for new trial, his notice of appeal was due August 28, 2026. He filed it on September 9 without moving for an extension. The trial court’s certification also identified the matter as a plea-bargain case in which Bishop had no right of appeal and had waived that right.
The appellate court notified Bishop of the consequences of the late filing and the certification and directed him to show how it had jurisdiction. He did not respond.
The Court’s Holding
The Seventh Court of Appeals dismissed the appeal for want of jurisdiction. Under Texas Rule of Appellate Procedure 26.2(a), Bishop’s notice was due within 30 days of the deferred-adjudication order, and his failure to file it timely prevented the court from acquiring jurisdiction.
Although Rule 26.3 permits an extension when both a notice of appeal and an extension motion are filed within 15 days after the deadline, Bishop filed no extension motion. The court therefore could not treat his late notice as sufficient to invoke appellate jurisdiction.
The court also dismissed based on the trial court’s certification. That certification, which the appellate court found consistent with the record, stated that Bishop had no right of appeal because the case involved a plea bargain and that he had waived an appeal.
Key Takeaways
- A criminal defendant’s untimely notice of appeal does not invoke a Texas appellate court’s jurisdiction.
- A late notice filed within the 15-day grace period must be accompanied by a motion for extension to obtain additional time under Rule 26.3.
- An appeal must be dismissed when the record contains no certification showing a right to appeal, including where a plea-bargain defendant has waived that right.
Why It Matters
The decision underscores that appellate deadlines in Texas criminal cases are jurisdictional. Filing within the potential grace period alone does not preserve an appeal when the defendant fails to request an extension.
It also illustrates the independent importance of the trial court’s certification of appeal rights: even apart from an untimely notice, a certification reflecting a plea bargain and valid waiver can require dismissal.