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Nathan Lee Anders v. State
11-15-00256-CR
| Tex. App. | Nov 12, 2015
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Background

  • Appellant Nathan Lee Anders appeals three separate criminal judgments in Midland County, docketed as Nos. 11-15-00254-CR, 11-15-00255-CR, and 11-15-00256-CR.
  • Sentences were imposed on June 22, 2006; February 16, 2012; and September 4, 2014, respectively.
  • On October 13, 2015, Anders filed pro se notices of appeal in each cause seeking review of denials related to judgments nunc pro tunc, modification, and a bill of review for court-appointed attorney fees while indigent.
  • The court notified Anders that the orders were not appealable and invited further grounds to continue.
  • Anders then filed three original mandamus proceedings in this court related to the same trial court causes.
  • The court held it lacked jurisdiction because notices of appeal were filed more than a year after sentencing and no timely motions for extension or extensions were granted.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the court has jurisdiction over Anders' belated notices of appeal. Anders asserts jurisdiction over the orders denying fees and related matters on appeal. The State contends notices were filed outside the permissible time limits, depriving appellate jurisdiction. No jurisdiction; appeals dismissed for want of jurisdiction.

Key Cases Cited

  • Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998) (timeliness prerequisite for appeals)
  • Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996) (jurisdictional limits on appeals)
  • Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993) (appeal timing requirements)
  • Sanchez v. State, 112 S.W.3d 311 (Tex. App.—Corpus Christi 2003) (appealability of certain orders)
  • Everett v. State, 82 S.W.3d 735 (Tex. App.—Waco 2002) (no pet. dism’d; lack of appealability)
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Case Details

Case Name: Nathan Lee Anders v. State
Court Name: Court of Appeals of Texas
Date Published: Nov 12, 2015
Docket Number: 11-15-00256-CR
Court Abbreviation: Tex. App.