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