Jamarrion Freeman v. the State of Texas ( 2024 )

In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-24-00149-CR
JAMARRION FREEMAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 202nd District Court
Bowie County, Texas
Trial Court No. 23F0918-202
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Chief Justice Stevens
MEMORANDUM OPINION
On September 19, 2023, Jamarrion Freeman pled guilty to the offense of credit card or
debit card abuse. The trial court deferred a finding of guilt and placed Freeman on deferred
adjudication community supervision for three years. On June 10, 2024, the State filed a motion
to proceed with adjudication, alleging, among other things, that Freeman had committed a new
offense. On July 11, 2024, the trial court adjudicated Freeman’s guilt and sentenced him to two
years’ confinement in a state jail facility.
Under Rule 21.4 of the Texas Rules of Appellate Procedure, Freeman would have had to
file a motion for new trial, to be timely, on or before August 12, 2024. See TEX. R. APP. P. 21.4.
Freeman did not file his motion for new trial until September 17, 2024; as a result, he failed to
extend the period for perfecting his appeal, and his notice of appeal, to be timely, was also due
on or before August 12, 2024. See TEX. R. APP. P. 26.2. Freeman did not file his notice of
appeal until September 17, 2024, well beyond the August 12 deadline. The Texas Court of
Criminal Appeals has expressly held that, without a timely filed notice of appeal, we cannot
exercise jurisdiction over an appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.
1996); see Slaton v. State, 981 S.W.2d 208, 209 n.3 (Tex. Crim. App. 1998) (per curiam).
On October 16, 2024, we informed Freeman of the apparent defect in our jurisdiction
over his appeal and afforded him the opportunity to respond and, if possible, cure such defect.
We informed Freeman that, if he did not respond by October 28, 2024, we would have no choice
but to dismiss his appeal for want of jurisdiction. Freeman did not file a response to our
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jurisdictional defect letter, though he did file an untimely motion for an extension of the deadline
to file his notice of appeal, which we deny.
Because Freeman did not timely perfect his appeal, we dismiss this appeal for want of
jurisdiction.
Scott E. Stevens
Chief Justice
Date Submitted: November 15, 2024
Date Decided: November 18, 2024
Do Not Publish
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