Ex Parte Kimberly Roming ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00768-CR
Ex parte Kimberly Roming
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT
NO. D-1-DC-14-205956-A, HONORABLE BRENDA KENNEDY, JUDGE PRESIDING
MEMORANDUM OPINION
Kimberly Roming seeks to appeal from the district court’s order denying her
application for writ of habeas corpus. However, her notice of appeal is untimely. In a criminal case,
the notice of appeal must be filed within 30 days after the day the trial court enters an appealable
order. Tex. R. App. P. 26.2(a)(1). This Court may extend the time to file the notice of appeal only
if, within 15 days after the deadline expires, the party files in the trial court the notice of appeal and
files in the appellate court a motion for extension of time. Tex. R. App. P. 26.3.
Here, the district court entered its order denying habeas relief on October 3, 2018.
Thus, the 30-day filing deadline was November 2, 2018. Roming did not file her notice of appeal
until November 14, 2018. Although this was within 15 days after the deadline expired, Roming
failed to file a motion for extension of time. In criminal cases, “the lack of a timely filed motion for
extension of time . . . is not a mere procedural irregularity; it is a jurisdictional defect.” Olivo v.
State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). “When a notice of appeal, but no motion for
extension of time, is filed within the fifteen-day period, the court of appeals lacks jurisdiction to
dispose of the purported appeal in any manner other than by dismissing it for lack of jurisdiction.”
Id. at 523. Accordingly, we dismiss this appeal for want of jurisdiction. See Slaton v. State,
981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo, 918 S.W.2d at 526.
________________________________________
Gisela Triana, Justice
Before Justices Goodwin, Baker, and Triana
Dismissed for Want of Jurisdiction
Filed: January 18, 2019
Do Not Publish
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