In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-14-00349-CR
NO. 09-14-00350-CR
____________________
MICHAEL WAYNE HANCOCK, Appellant
V.
THE STATE OF TEXAS, Appellee
_______________________________________________________ ______________
On Appeal from the 75th District Court
Liberty County, Texas
Trial Cause Nos. CR28749 and CR28750
________________________________________________________ _____________
MEMORANDUM OPINION
On June 12, 2014, and June 23, 2014, the trial court signed judgments nunc
pro tunc for Cause Numbers CR28749 and CR28750, respectively. Michael Wayne
Hancock filed a notice of appeal on August 11, 2014. We notified the parties that
the appeals would be dismissed because the notice of appeal was filed outside the
time for which an extension may be granted for filing a notice of appeal. Hancock
did not file a response.
1
A judgment nunc pro tunc is an appealable order. Blanton v. State, 369
S.W.3d 894, 903 (Tex. Crim. App. 2012). To perfect an appeal, the notice of
appeal must be filed within thirty days of the date that the trial court signs the
judgment nunc pro tunc. Dewalt v. State, 417 S.W.3d 678, 689 (Tex. App.—Austin
2013), pet. ref’d, 426 S.W.3d 100 (Tex. Crim. App. 2014). Hancock’s notice of
appeal recites that he filed a motion for new trial on July 18, 2014, but the filing of
a motion for new trial extends the time for perfecting appeal only when it is filed
within thirty days of the day sentence is imposed. See Tex. R. App. P. 26.2(a)(2).
“If a notice of appeal is not timely filed, the court of appeals has no option
but to dismiss the appeal for lack of jurisdiction.” Castillo v. State, 369 S.W.3d
196, 198 (Tex. Crim. App. 2012). Hancock failed to file his notice of appeal within
thirty days of the date the trial court signed either judgment nunc pro tunc, and he
failed to file a motion for extension of time within fifteen days of the due date for a
notice of appeal. See Tex. R. App. P. 26.2(a)(1), 26.3. Therefore, we dismiss the
appeals for lack of jurisdiction.
APPEALS DISMISSED.
________________________________
LEANNE JOHNSON
Justice
Submitted on October 14, 2014
Opinion Delivered October 15, 2014
Do Not Publish
Before Kreger, Horton, and Johnson, JJ.
2