in the Matter of J. M. W., a Juvenile ( 2017 )


Menu:
  •                                   NO. 12-17-00068-CV
    IN THE COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT
    TYLER, TEXAS
    §       APPEAL FROM THE
    IN THE MATTER OF J.M.W.,
    §       COUNTY COURT AT LAW NO. 3
    A JUVENILE
    §       SMITH COUNTY, TEXAS
    MEMORANDUM OPINION
    PER CURIAM
    Appellant, J.M.W., was adjudicated delinquent for aggravated robbery, and sentenced to
    imprisonment for twenty-five years. He was sent to the Texas Youth Commission and later
    transferred to the Texas Department of Criminal Justice – Institutional Division, where he is
    currently incarcerated. Appellant has filed a petition for out of time appeal with this Court.
    However, only the court of criminal appeals has jurisdiction to grant an out of time
    appeal. See Ater v. Eighth Court of Appeals, 
    802 S.W.2d 241
    , 243 (Tex. Crim. App. 1991); see
    also Kossie v. State, No. 01-16-00738-CR, 
    2017 WL 631842
    , at *1-2 (Tex. App.—Houston [1st
    Dist.] Feb. 16, 2017, no pet. h.) (mem. op., not designated for publication) (dismissing for lack of
    jurisdiction because appellant could not pursue out of time appeal without permission from court
    of criminal appeals). Nor may an intermediate appellate court suspend the rules to alter the time
    to perfect a civil appeal. In the Interest of R.B.M., 
    338 S.W.3d 755
    , 758 (Tex. App.—Houston
    [14th Dist.] 2011, no pet.); see also Browne v. Going, No. 12-15-00199-CV, 
    2015 WL 5158941
    ,
    at *1 (Tex. App.—Tyler Sept. 2, 2015, no pet.) (mem. op.) (dismissing appeal for want of
    jurisdiction because appellate court not authorized to extend time for filing notice of appeal
    except as permitted by Rule of Civil Procedure 26.3). Accordingly, absent an order from the
    court of criminal appeals granting Appellant permission to pursue an out of time appeal, this
    Court lacks jurisdiction over Appellant’s appeal. We, therefore, dismiss Appellant’s petition for
    want of jurisdiction. See TEX. R. APP. P. 42.3(a).
    Opinion delivered March 15, 2017.
    Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
    (PUBLISH)
    2
    COURT OF APPEALS
    TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
    JUDGMENT
    MARCH 15, 2017
    NO. 12-17-00068-CV
    IN THE MATTER OF J.M.W., A JUVENILE
    Appeal from the County Court at Law No. 3
    of Smith County, Texas (Tr.Ct.No. 003-0433-00)
    THIS CAUSE came on to be heard on the appellate record, and the same
    being considered, it is the opinion of this Court that it is without jurisdiction of the appeal, and
    that the appeal should be dismissed.
    It is therefore ORDERED, ADJUDGED and DECREED by this Court that
    this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision
    be certified to the court below for observance.
    By per curiam opinion.
    Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
    

Document Info

Docket Number: 12-17-00068-CV

Filed Date: 3/15/2017

Precedential Status: Precedential

Modified Date: 3/17/2017