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Date: 05-20-2022
Case Style:
James Thomas Ebmeyer v. The State of Texas
Case Number: 02-19-00465-CR
Judge:
Before Gabriel, Kerr, and Birdwell
Court:
Court of Appeals
Second Appellate District of Texas
at Fort Worth
On appeal from The 355th District Court of Hood County
Plaintiff's Attorney: Ryan Sinclair
Defendant's Attorney:
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Description:
Fort Worth, Texas - Criminal Defense lawyer represented defendant with a Sexual Assault charge.
In January 2018, the Texas Court of Criminal Appeals issued an opinion
granting appellant the right to file an out-of-time notice of appeal from his 2013
conviction. Ex parte Ebmeyer, No. WR-84,852-03, 2018 WL 524797, at *1 (Tex. Crim.
App. Jan. 24, 2018) (not designated for publication). The court held that if appellant
desired to prosecute an appeal, he had to “take affirmative steps” to file a written
notice of appeal in the trial court within thirty days after the court’s mandate issued;
thus, all “time limits” were to be calculated “as if the sentence had been imposed on
the date” of the court’s mandate. Id.
The mandate issued on February 20, 2018, but appellant’s appointed appellate
counsel did not file a notice of appeal in the trial court until December 18, 2019, and
has not shown grounds to retain the appeal in response to our January 3, 2020 letter
questioning our jurisdiction. Because appellant did not timely file a written notice of
appeal in accordance with the Court of Criminal Appeals’s opinion, we dismiss his
appeal for want of jurisdiction. See Tex. R. App. P. 25.2(b), (c), 26.2(a)(1), 43.2(f);
Mestas v. State, 214 S.W.3d 1, 4 (Tex. Crim. App. 2007) (“The effect of granting an
out-of-time appeal is that it restores the defendant to the position he occupied
immediately after the trial court signed the judgment of conviction.”); Slaton v. State,
981 S.W.2d 208, 210 (Tex. Crim. App. 1998)
Outcome: court of appeals does not have jurisdiction to address merits of untimely-filed appeal
Plaintiff's Experts:
Defendant's Experts:
Comments: