Antoine DeGrate v. State of Texas - Dismissed Appeal

Texas Court of Appeals

Filed March 5th, 2026

Detected March 6th, 2026

Summary

The Texas Court of Appeals, 10th District, dismissed the appeal of Antoine Demetruis DeGrate. The court found it lacked jurisdiction over the case, which involved a failure to register as a sex offender. The dismissal was based on the untimeliness of the appeal and the nature of the claims presented.

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What changed

The Texas Court of Appeals, 10th District, has dismissed the appeal filed by Antoine Demetruis DeGrate in case numbers 10-26-00046-CR and 10-26-00047-CR. The court determined that it lacked jurisdiction because the notices of appeal were untimely and the appellant's attempt to file a writ of habeas corpus under article 11.07 of the Code of Criminal Procedure is not a proper mechanism for direct appeal, nor is it within the appellate court's jurisdiction.

This ruling means that DeGrate's attempt to appeal his convictions for failure to register as a sex offender has been unsuccessful due to procedural deficiencies. Regulated entities and legal professionals should note that direct appeals are not the appropriate venue for all post-conviction relief claims, and adherence to procedural rules and jurisdictional requirements is critical for the validity of appeals and habeas corpus petitions.

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March 5, 2026 Get Citation Alerts Download PDF Add Note

Antoine Demetruis DeGrate v. the State of Texas

Texas Court of Appeals, 10th District (Waco)

Citations: None known
Docket Number: 10-26-00047-CR
Nature of Suit: Failure to Register as a Sex Offender
Disposition: Dismissed
Opinion
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Cited By (0)
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PDF

Disposition

Dismissed

Lead Opinion

Court of Appeals
Tenth Appellate District of Texas

10-26-00046-CR
10-26-00047-CR

Antoine Demetruis DeGrate,
Appellant

The State of Texas,
Appellee

On appeal from the
19th District Court of McLennan County, Texas
Judge Thomas C. West, presiding
Trial Court Cause Nos. 2013-1551-C1, 2013-1152-C1

JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION

On January 21, 2026, Antoine Demetruis Degrate filed appeals in the

trial court of his three convictions from guilty pleas where the sentence was

imposed on February 10, 2014. By letters from the Clerk dated February 5,

2026, DeGrate was advised that the notices of appeal appeared to be untimely

and was directed to file a response with this Court showing grounds for

continuing the appeal. DeGrate filed a response in appellate Cause No. 10-26-
00047-CR in which he appears to be attempting to file a writ of habeas corpus

pursuant to article 11.07 of the Code of Criminal Procedure.

Direct appeal is not a proper mechanism to raise the claims DeGrate is

attempting to pursue. Additionally, this Court does not have jurisdiction over

a writ of habeas corpus pursuant to article 11.07. See TEX. CODE CRIM. PROC.

art. 11.07, Sec. 3. Therefore, we do not have jurisdiction over these appeals,

and they are dismissed for want of jurisdiction.

LEE HARRIS
Justice

OPINION DELIVERED and FILED: March 5, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Appeals dismissed
Do not publish
CRPM (10-26-00046-CR)
CR25 (10-26-00047-CR)

DeGrate v. State Page 2