Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Rick Marion Hubbard v. State
Citation: Not availableDocket: 07-05-00175-CR
Court: Court of Appeals of Texas; May 23, 2005; Texas; State Appellate Court
Original Court Document: View Document
Rick Marion Hubbard was convicted of engaging in organized criminal activity and sentenced to 18 months confinement on January 12, 2005. Following his conviction, he filed a timely motion for new trial, and his notice of appeal was submitted on April 18, 2005. The Court of Appeals for the Seventh District of Texas dismissed the appeal for lack of jurisdiction. According to Texas Rules of Appellate Procedure, a notice of appeal must be filed within 90 days of sentencing when a motion for new trial is filed. The deadline could be extended by 15 days if a motion for extension is submitted. Although Hubbard's notice was timely within the 15-day extension window, it was not accompanied by a motion for extension, leading to the dismissal. The court emphasized that it cannot create jurisdiction where none exists and noted that Hubbard might pursue a post-conviction writ of habeas corpus for an out-of-time appeal.