Opinion
No. 05-19-00908-CR
08-05-2019
GLORIA ELENA MELTON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 2 Kaufman County, Texas
Trial Court Cause No. 17-80274-CC2-F
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Myers, and Justice Pedersen, III
Opinion by Chief Justice Burns
Gloria Elena Melton appeals her November 28, 2018 conviction for driving while intoxicated, third offense. After appellant entered a plea of nolo contendere, the jury found her guilty and made an affirmative finding that a deadly weapon was used. Punishment, enhanced by two prior convictions, was assessed at sixty years in prison. Appellant's notice of appeal, dated July 22, 2019, was filed in the trial court on August 1, 2019.
A timely filed notice of appeal is required to invoke this Court's jurisdiction. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In the absence of a timely filed notice of appeal, the Court has no option other than to dismiss the appeal. Id. A defendant perfects an appeal by filing with the trial court clerk, 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, a written notice of appeal showing her desire to appeal. See TEX. R. APP. P. 25.2(b), (c), 26.2(a).
Appellant's sentence was imposed November 28, 2018; absent a timely filed motion for new trial, her notice of appeal was due December 28, 2018. Her notice of appeal, dated July 22, 2019, was filed in the trial court on August 1, 2019.
Under these circumstances, we have no other option than to dismiss this appeal.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b) 190908F.U05
JUDGMENT
On Appeal from the County Court at Law No. 2, Kaufman County, Texas
Trial Court Cause No. 17-80274-CC2-F.
Opinion delivered by Chief Justice Burns. Justices Myers and Pedersen, III participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 5th day of August, 2019.