Gerrick Oliver v. the State of Texas ( 2022 )

IN THE
TENTH COURT OF APPEALS
No. 10-22-00330-CR
GERRICK OLIVER,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 85th District Court
Brazos County, Texas
Trial Court No. 19-00795-CRF-85
MEMORANDUM OPINION
Appellant Gerrick Oliver’s notice of appeal and a motion for extension of time to
file the notice of appeal were filed in this Court on October 10, 2022. The district clerk’s
record, filed on October 19, 2022, reflects that judgments were signed on July 22, 2022.
No motion for new trial was filed. Oliver’s appeal is, therefore, untimely, and we lack
jurisdiction to consider his appeal. See TEX. R. APP. P. 26.2(a).
The appellate court may extend the time to file an appeal if, within fifteen days
after the deadline for filing the notice of appeal, the party: (a) files in the trial court the
notice of appeal, and (b) files in the appellate court a motion for extension of time to file
a notice of appeal. Id. 26.3. Oliver’s motion to extend the time for filing the notice of
appeal was filed beyond that fifteen-day period. See Olivo v. State, 918 S.W.2d 519, 523
(Tex. Crim. App. 1996).
Accordingly, this appeal is dismissed for lack of jurisdiction, and Oliver’s Motion
for Extension of Time to File is denied.
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Opinion delivered and filed October 26, 2022
Appeal dismissed; motion denied
Do not publish
[CR25]
Oliver v. State Page 2