Brelin Keithian Coleman v. the State of Texas
Docket 01-26-00179-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
- 01-26-00179-CR
Appeals from convictions and sentencing in two criminal cases in the 338th District Court, Harris County, Texas, reviewed for timeliness of notices of appeal.
Summary
The First District of Texas dismissed two criminal appeals by Brelin Keithian Coleman for lack of jurisdiction because his notices of appeal were filed late. Coleman was sentenced on September 25, 2025 to concurrent 10-year terms following convictions for sexual assault (case no. 1824733) and burglary with intent to commit another felony (case no. 1824734). Because no motion for new trial was filed and the standard 30-day deadline to appeal expired on October 26, 2025, Coleman's notices filed February 11, 2026 were untimely. The court therefore dismissed the appeals and any pending motions as moot.
Issues Decided
- Whether the appellant timely filed notices of appeal after sentencing in two criminal convictions.
- Whether the appellate court has jurisdiction when notices of appeal are filed after the 30-day statutory deadline and no motion for new trial was filed.
Court's Reasoning
Texas Rule of Appellate Procedure 26.2(a) requires a notice of appeal in a criminal case to be filed within 30 days after sentencing unless a timely motion for new trial is filed. The clerk's record showed no motion for new trial, so the 30-day deadline (ending October 26, 2025) controlled. Because the appellant filed notices of appeal on February 11, 2026, well after that deadline, the court concluded it lacked jurisdiction and dismissed the appeals.
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
- Sentencing date
- 2025-09-25
- Deadline to file timely notice of appeal (30 days after sentence)
- 2025-10-26
- Notices of appeal filed
- 2026-02-11
- Opinion issued
- 2026-04-21
- Court notice requesting response
- 2026-03-10
What You Should Do Next
- 1
Consult criminal defense counsel immediately
A lawyer can assess whether any extraordinary postconviction remedies remain available, such as petitions for postconviction relief, habeas corpus, or a motion in the trial court explaining the late filing and seeking relief if any statutory basis exists.
- 2
Check trial-court record for a motion for new trial or timely filing
Confirm the clerk's records and filings to ensure no motion for new trial or timely notice was overlooked and to document the procedural history for any further remedies.
- 3
Consider filing an application for writ of habeas corpus if appropriate
If there are constitutional claims or ineffective assistance of counsel issues, a habeas petition may be a route to challenge the convictions even though the direct appeal was dismissed for lateness.
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 motion for a new trial was filed, so the court lacked jurisdiction to hear the appeals.
- Who is affected by this decision?
- Appellant Brelin Keithian Coleman is directly affected; the State is the opposing party. The dismissal means the trial court's convictions and sentences remain in effect for now.
- Can Coleman still appeal or get relief?
- The opinion does not address further relief. Coleman may consult counsel about possible extraordinary remedies (such as a writ) or whether any statutory or equitable relief is available, but the ordinary appeal was lost by missing the deadline.
- Why didn't the court consider the late filings?
- Under Texas appellate rules, timely filing is jurisdictional in criminal cases when no motion for new trial is filed; the court has no authority to hear an appeal filed after that deadline.
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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