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Calvin R. Kuykendall v. State
Citation: Not availableDocket: 02-07-00410-CR
Court: Court of Appeals of Texas; March 20, 2008; Texas; State Appellate Court
Original Court Document: View Document
Calvin R. Kuykendall appealed his convictions for possession with intent to deliver a controlled substance and illegal investment, resulting in a twenty-five-year sentence. The appeal was dismissed due to lack of jurisdiction because Kuykendall's notice of appeal was filed late—seven days after the deadline—without a motion for extension. According to Texas Rules of Appellate Procedure, a notice must be filed within thirty days of sentencing unless a motion for new trial is filed. Kuykendall did not file such a motion, and after being notified of the untimeliness, he failed to respond. His counsel later claimed the delay was due to a trial court clerk error in appointing her, but the court emphasized that timely filing is essential for jurisdiction and declined to adopt a more lenient approach seen in civil cases. Consequently, the court dismissed the appeal for want of jurisdiction, stating it cannot grant an out-of-time appeal as per criminal procedure statutes.