Brelin Keithian Coleman v. the State of Texas
Docket 01-26-00180-CR
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Criminal Appeal
- Disposition
- Dismissed
- Docket
- 01-26-00180-CR
Appeal from convictions and concurrent sentences in the 338th District Court of Harris County, Texas, reviewing timeliness of notices of appeal.
Summary
The First Court of Appeals dismissed two criminal appeals by Brelin Keithian Coleman for lack of jurisdiction because his notices of appeal were untimely. Coleman was convicted and sentenced on September 25, 2025 to concurrent 10-year prison terms for sexual assault (cause no. 1824733) and burglary with intent to commit another felony (cause no. 1824734). Texas rules require a notice of appeal within 30 days of sentencing unless a timely motion for new trial is filed; no such motions were in the clerk’s records and Coleman did not file notices until February 11, 2026. The court therefore dismissed the appeals and denied pending motions as moot.
Issues Decided
- Whether the appellant’s notices of appeal were timely filed under Texas Rule of Appellate Procedure 26.2(a).
- Whether the absence of a timely motion for new trial and late filing deprived the appellate court of jurisdiction to hear the appeals.
Court's Reasoning
Texas Rule of Appellate Procedure 26.2(a) requires a notice of appeal within 30 days after sentencing unless a timely motion for new trial is filed. The clerk’s records showed no motion for new trial, so the deadline for notice of appeal was October 26, 2025. Because Coleman filed notices of appeal on February 11, 2026, well past the deadline, the appellate court lacked jurisdiction. Without jurisdiction the court was required to dismiss the appeals and any pending motions as moot.
Authorities Cited
- Texas Rule of Appellate Procedure 26.2(a)
- Texas Rule of Appellate Procedure 25.1
- Slaton v. State981 S.W.2d 208 (Tex. Crim. App. 1998)
- Texas Rule of Appellate Procedure 43.2(f)
Parties
- Appellant
- Brelin Keithian Coleman
- Appellee
- The State of Texas
- Judge
- Per Curiam (Justices Gunn, Caughey, and Morgan)
Key Dates
- Sentence imposed
- 2025-09-25
- Deadline to file notice of appeal (30 days)
- 2025-10-26
- Notices of appeal filed
- 2026-02-11
- Opinion issued
- 2026-04-21
- Court notices requesting response
- 2026-03-10
What You Should Do Next
- 1
Consult criminal defense counsel
Speak with an attorney promptly to evaluate whether any post-conviction remedies (for example, a habeas petition) are available given the dismissal for untimeliness.
- 2
Review trial-court record
Have counsel obtain and review the complete trial-court and clerk records to confirm filing dates and whether any motions (e.g., for new trial) were filed or other procedural errors occurred that could support relief.
- 3
Consider filing post-conviction petitions
If counsel identifies potential constitutional or procedural defects, they can advise on whether to pursue a state or federal habeas petition or other appropriate post-conviction filing.
Frequently Asked Questions
- What did the court decide?
- The court dismissed both appeals because the notices of appeal were filed after the 30-day deadline and no timely motion for new trial was on record, so the court lacked jurisdiction to hear the appeals.
- Who is affected by this decision?
- Appellant Brelin Keithian Coleman is affected because his appeals were dismissed; the State’s convictions and sentences remain in place.
- What happens next for the appellant?
- The convictions and sentences imposed by the trial court remain effective; Coleman may explore limited post-conviction remedies but cannot pursue these dismissed appeals further without meeting exceptional statutory grounds.
- Could these appeals have been kept alive?
- Yes—if Coleman had filed a timely motion for new trial or filed the notices of appeal within 30 days of sentencing, the appeals would have been timely and the appellate court would have had jurisdiction.
- Can this dismissal be appealed?
- Dismissal for lack of jurisdiction is typically final in the appellate court; any further challenge would depend on whether there are narrow statutory or constitutional grounds for relief, such as a writ of habeas corpus or other post-conviction petition.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Opinion issued April 21, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-26-00179-CR
NO. 01-26-00180-CR
———————————
BRELIN KEITHIAN COLEMAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 338th District Court
Harris County, Texas
Trial Court Case No. 1824733 and 1824734
MEMORANDUM OPINION
After a jury trial, appellant was convicted in trial court cause number 1824733
of the offense of sexual assault and was sentenced on September 25, 2025 to 10 years
in the Correctional Institutions Division of the Texas Department of Criminal
Justice. In trial court cause number 1824734, appellant was convicted of the offense
of burglary with intent to commit other felony and was sentenced on September 25,
2018 to 10 years in the Correctional Institutions Division of the Texas Department
of Criminal Justice, with the two sentences to run concurrently. The trial court
certified that these cases were not plea-bargain cases and that appellant had the right
to appeal. Appellant did not file his notices of appeal until February 11, 2026.
In criminal cases, the deadline for filing a notice of appeal is thirty days after
sentence is imposed, unless appellant files a timely motion for new trial. See TEX.
R. APP. P. 26.2(a). Because the clerk’s records contain no motions for new trial,
appellant’s notices of appeal were due thirty days after September 25, 2025, or by
October 26, 2025. Because appellant did not file his notices of appeal until February
11, 2026, the notices of appeal were not timely filed. Without a timely-filed notice
of appeal, we lack jurisdiction. See TEX. R. APP. P. 25.1.
On March 10, 2026, the Court issued notices in these two appeals concerning
the untimely notices of appeal and requesting a response from appellant. No
responses were received.
Accordingly, we dismiss these appeals for lack of jurisdiction. See Slaton v.
State, 981 S.W.2d 208, 209 (Tex. Crim. App. 1998); TEX. R. APP. P. 43.2(f). We
dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Gunn, Caughey, and Morgan.
Do not publish. TEX. R. APP. P. 47.2(b).
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