NUMBER 13-25-00437-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG

ROGER DENK, Appellant, v. THE STATE OF TEXAS, Appellee.

ON APPEAL FROM THE 347TH DISTRICT COURT OF NUECES COUNTY, TEXAS

MEMORANDUM OPINION Before Chief Justice Tijerina and Justices Peña and West Memorandum Opinion by Justice Peña This cause is before the Court on appellant’s untimely filed pro se notice of appeal.

On July 22, 2025, the trial court issued a judgment of conviction in cause number 25FC- 2859H. On September 4, 2025, appellant, acting pro se filed a notice of appeal which was post marked September 3, 2025. On October 14, 2025, the Clerk of the Court notified appellant’s counsel that it appeared the appeal has not been timely perfected. Appellant’s counsel was further notified that if the defect was not cured within ten days from the date of the notice, the appeal would be dismissed.

This Court’s appellate jurisdiction in a criminal case is invoked by a timely filed notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent a timely filed notice of appeal, a court of appeals does not have jurisdiction to address the merits of the appeal and can take no action other than to dismiss the appeal for want of jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).

Unless a motion for new trial is timely filed, a notice of appeal must be filed within thirty days after the day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order. TEX. R. APP. P. 26.2(a)(1). Where a timely motion for new trial is filed, the notice of appeal must be filed within ninety days after the day sentence is imposed or suspended in open court. See id. R. 26.2(a)(2). The time within which to file the notice may be enlarged if, within fifteen days after the deadline for filing the notice, the party files the notice of appeal and a motion complying with Rule 10.5(b) of the Texas Rules of Appellate Procedure. See id. R. 26.3. Appellant’s notice of appeal was untimely filed, so we lack jurisdiction over the appeal. See Slaton, 981 S.W.2d at 210.

The Court, having examined and fully considered the documents on file and appellant’s failure to timely perfect his appeal, is of the opinion that the appeal should be dismissed for want of jurisdiction. Appellant may be entitled to an out-of-time appeal by filing a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals; however, the availability of that remedy is beyond the jurisdiction of this Court.

See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a); see also Ex parte Garcia, 988 S.W.2d 2 (Tex. Crim. App. 1999). The appeal hereby is dismissed for want of jurisdiction. Within five days from the date of this Court’s opinion, counsel is ordered to send a copy of this opinion and this Court’s Judgement.

L. ARON PEÑA JR. Justice

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed on the 11th day of December, 2025.