Cody Ray Rockey v. State of Texas - Appeal Dismissed
Summary
The Texas Court of Appeals, 10th District, has dismissed the appeal of Cody Ray Rockey v. State of Texas due to a want of jurisdiction. The dismissal stems from an untimely notice of appeal filed by the appellant's counsel.
What changed
The Texas Court of Appeals, 10th District, has dismissed the criminal appeal of Cody Ray Rockey v. The State of Texas. The dismissal, dated March 19, 2026, was based on a want of jurisdiction, specifically due to the appellant's notice of appeal not being timely filed within the required 90-day period after the imposition of sentences and the filing of a motion for new trial.
This ruling means the appeal will not proceed on its merits. Legal professionals representing clients in Texas criminal appeals must ensure strict adherence to the Texas Rules of Appellate Procedure regarding filing deadlines, particularly when a motion for new trial is involved. Failure to comply will result in dismissal for want of jurisdiction, as demonstrated in this case.
What to do next
- Ensure timely filing of notices of appeal in accordance with TEX. R. APP. P. 26.2(a)(2), especially when a motion for new trial has been filed.
Source document (simplified)
Jump To
Top Caption Disposition Lead Opinion The text of this document was obtained by analyzing a scanned document and may have typos.
Support FLP
CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.
Please become a member today.
March 19, 2026 Get Citation Alerts Download PDF Add Note
Cody Ray Rockey v. the State of Texas
Texas Court of Appeals, 10th District (Waco)
- Citations: None known
- Docket Number: 10-26-00094-CR
- Nature of Suit: Poss of a Controlled Substance
Disposition: Dismissed-Want of Jurisdiction
Disposition
Dismissed-Want of Jurisdiction
Lead Opinion
Court of Appeals
Tenth Appellate District of Texas
10-26-00094-CR
Cody Ray Rockey,
Appellant
v.
The State of Texas,
Appellee
On appeal from the
County Court at Law of Navarro County, Texas
Judge Ernie Armstrong, presiding
Trial Court Cause No. C42965-CR
CHIEF JUSTICE JOHNSON delivered the opinion of the Court.
MEMORANDUM OPINION
Appellant appeals from a judgment for which his sentences were
imposed on November 19, 2025 and signed by the trial court on that same date.
Trial counsel for Appellant filed a motion for new trial on December 4, 2025.
Trial counsel for Appellant filed a notice of appeal in the trial court on March
2, 2026, which was not received by this Court until March 12, 2026.
As applicable to this proceeding, the notice of appeal must have been
filed within 90 days after the sentence is imposed or suspended in open court
because his counsel filed a motion for new trial. TEX. R. APP. P. 26.2(a)(2). The
notice of appeal was not timely.
Accordingly, this appeal is dismissed for want of jurisdiction. See TEX.
R. APP. P. 26.2(a)(2).
MATT JOHNSON
Chief Justice
OPINION DELIVERED and FILED: March 19, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Appeal dismissed
Do not publish
CR25
Rockey v. State Page 2
Related changes
Source
Classification
Who this affects
Taxonomy
Browse Categories
Get Courts & Legal alerts
Weekly digest. AI-summarized, no noise.
Free. Unsubscribe anytime.
Get alerts for this source
We'll email you when Texas Court of Appeals publishes new changes.