Ex Parte Joshua Jermaine Nelson ( 2018 )

Opinion issued December 13, 2018
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-00842-CR
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EX PARTE JOSHUA JERMAINE NELSON, Appellant
On Appeal from the 458th District Court
Fort Bend County, Texas
Trial Court Case No. 15-DCR-068407
MEMORANDUM OPINION
Appellant, Joshua Jermaine Nelson, challenges the trial court’s order denying
his pretrial application for a writ of habeas corpus. We dismiss the appeal for lack
of jurisdiction.
We cannot exercise jurisdiction over an appeal without a timely filed notice
of appeal. See TEX. R. APP. P. 26.2(a); see also Castillo v. State, 369 S.W.3d 196,
198 (Tex. Crim. App. 2012); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.
1996). A defendant’s notice of appeal is timely if it is filed within thirty days after
the date sentence is imposed or suspended in open court or the trial court signs an
appealable order. TEX. R. APP. P. 26.2(a); see Bayless v. State, 91 S.W.3d 801, 805
(Tex. Crim. App. 2002); Ex parte Matthews, 452 S.W.3d 8, 10–11 (Tex. App.—San
Antonio 2014, no pet.); see also Ex parte Smith, 178 S.W.3d 797, 801 (Tex. Crim.
App. 2005) (“The denial of relief on a pretrial writ of habeas corpus may be appealed
immediately . . . .”). Here, the trial court signed the order denying appellant’s pretrial
habeas application on July 31, 2018. Appellant’s notice of appeal, therefore, was
due to be filed no later than August 30, 2018. See TEX. R. APP. P. 26.2(a)(1); Olivo,
918 S.W.2d at 522. Appellant’s notice of appeal, filed on September 21, 2018, was
untimely to perfect an appeal of the July 31, 2018 order, and we have no basis for
jurisdiction over the appeal.1 See Olivo, 918 S.W.2d at 522; Ex parte Matthews, 462
S.W.3d at 14; Few v. State, 136 S.W.3d 707, 713 (Tex. App.—El Paso 2004, no
pet.); Green v. State, 999 S.W.2d 474, 476 (Tex. App.—Fort Worth 1999, pet. ref’d).
Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP.
P. 43.2(f). We dismiss all pending motions as moot.
PER CURIAM
1
The Clerk of this Court notified appellant that his appeal was subject to dismissal for lack
of jurisdiction unless he filed a response showing how this Court has jurisdiction over his
appeal. Cf. TEX. R. APP. P. 42.3(a). Appellant did not respond.
2
Panel consists of Chief Justice Radack and Justices Jennings and Bland.
Do not publish. TEX. R. APP. P. 47.2(b).
3