Background
Brandon Roy Hammett sought to appeal a judgment of conviction entered by the 5th District Court of Cass County, Texas. The trial court imposed his sentence on November 17, 2025.
Because Hammett did not file a motion for new trial, his notice of appeal was due by December 17, 2025. He did not file the notice until July 29, 2026. The court of appeals notified Hammett that the filing appeared untimely and gave him fourteen days to establish the court’s jurisdiction, but he did not respond.
The Court’s Holding
The Texas Sixth Court of Appeals held that Hammett failed to timely perfect his appeal. Under Texas Rule of Appellate Procedure 26.2(a)(1), his notice of appeal was due within thirty days after the sentence was imposed because he had not filed a motion for new trial.
The court explained that a timely notice of appeal is necessary for an appellate court to exercise jurisdiction. Because Hammett filed his notice more than seven months after the deadline and did not demonstrate a basis for jurisdiction, the court dismissed the appeal for want of jurisdiction.
Key Takeaways
- A criminal defendant who does not file a motion for new trial generally must file a notice of appeal within thirty days after sentencing.
- An untimely notice of appeal does not invoke a Texas appellate court’s jurisdiction.
- Hammett did not respond after the court gave him an opportunity to explain why it had jurisdiction despite the late filing.
Why It Matters
The decision underscores that the notice-of-appeal deadline is jurisdictional in Texas criminal cases. If the deadline is missed, an appellate court cannot reach the merits merely because the defendant seeks review of a conviction.
Criminal practitioners should calculate appellate deadlines immediately after sentencing and account for whether a timely motion for new trial will extend the notice-of-appeal period.