Opinion
No. 05-20-00530-CR
06-10-2020
CHRISTOPHER JOY CRAWFORD, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court Collin County, Texas
Trial Court Cause No. 366-85005-2019
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Reichek
Opinion by Justice Myers
On January 28, 2020, Christopher Joy Crawford was convicted of unlawful possession of a firearm by a felon. The trial court assessed punishment, enhanced by two prior felony convictions, at thirty years in prison. On May 12, 2020, Mr. Crawford filed his notice of appeal. Shortly thereafter, the State filed a motion to dismiss on the ground that the notice of appeal was untimely.
A defendant perfects his appeal by timely filing a written notice of appeal with the trial court clerk. See TEX. R. APP. P. 25.2(c). To be timely, the notice of appeal must be filed within thirty days after the date sentence was imposed or within ninety days after sentencing if the defendant timely filed a motion for new trial. See TEX. R. APP. P. 26.2(a). In the absence of a timely perfected notice of appeal, the Court must dismiss the appeal. Ex parte Castillo, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Slaton v. State, 981S.W.2d 208, 210 (Tex. Crim. App. 1998).
In this case, the trial court entered judgment on January 28, 2020. Appellant did not file a motion for new trial. Therefore, his notice of appeal was due on February 27, 2020. Appellant filed his notice of appeal on May 12, 2020, outside the time allowed for doing so. Because appellant's notice of appeal was untimely, we grant the State's motion.
We dismiss this appeal for want of jurisdiction.
/Lana Myers/
LANA MYERS
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
200530F.U05
JUDGMENT
On Appeal from the 366th Judicial District Court, Collin County, Texas
Trial Court Cause No. 366-85005-2019.
Opinion delivered by Justice Myers. Justices Partida-Kipness and Reichek participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 10th day of June, 2020.