Background
Following a jury trial, Fabian Rene Arredondo was convicted of aggravated assault with a deadly weapon causing serious bodily injury to a family member. On April 13, 2023, the trial court sentenced him to 45 years in prison and imposed a $1,500 fine.
Under the Texas Rules of Appellate Procedure, Arredondo’s notice of appeal was due May 13, 2023, and a motion for an extension was due May 28, 2023. The clerk’s record showed that he did not file his notice of appeal until April 15, 2026. The Fourth Court of Appeals ordered him to explain by July 22, 2026, why the appeal should not be dismissed, but he filed no response.
The Court’s Holding
The Fourth Court of Appeals held that it lacked jurisdiction because Arredondo did not timely file his notice of appeal. A timely notice is required to invoke the appellate court’s jurisdiction in a criminal case.
Because the notice was filed nearly three years after the applicable deadline, and Arredondo did not respond to the court’s show-cause order, the court dismissed the appeal for lack of jurisdiction.
Key Takeaways
- A timely notice of appeal is necessary to invoke a Texas appellate court’s jurisdiction in a criminal case.
- Arredondo filed his notice of appeal long after both the original deadline and the deadline for requesting an extension.
- The court dismissed the appeal without reaching the merits of Arredondo’s conviction or sentence.
Why It Matters
The decision underscores that appellate filing deadlines are jurisdictional in Texas criminal cases. If a notice of appeal is not filed within the prescribed period, the appellate court generally cannot review the conviction or sentence, regardless of the potential merits of the appeal.