Opinion
05-23-00032-CR
01-20-2023
PEDRO AGUSTIN RAMIREZFACIO, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish Tex.R.App.P. 47.2(b) 230032F.U05
On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F19-76421-U
Before Justices Partida-Kipness, Nowell, and Kennedy
MEMORANDUM OPINION
ERIN A. NOWELL JUSTICE
Pedro Agustin Ramirezfacio appeals his conviction for aggravated sexual assault of a child. The record demonstrates we lack jurisdiction over the appeal because the notice of appeal was not timely filed. Accordingly, we dismiss the appeal for want of jurisdiction.
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). The rules of appellate procedure allow the time to file a notice of appeal to be extended if the party files, within fifteen days of the filing deadline, the notice of appeal in the trial court and a motion to extend the time to file the notice of appeal in the court of appeals. See Tex. R. App. P. 10.5(b), 26.3. In the absence of a timely perfected notice of appeal, the Court must dismiss the appeal for lack of jurisdiction. Ex parte Castillo, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam).
Here, the trial court imposed sentence on July 21, 2021. Appellant timely moved for a new trial on July 21, 2021, which extended the time for appellant to perfect his appeal to October 19, 2021. Tex.R.App.P. 26.2(a)(2). Any motion to extend the time to file the notice of appeal would have been due on or before November 3, 2021. See Tex. R. App. P. 26.3. Appellant filed his notice of appeal on either November 1, 2022, or December 14, 2022, depending on whether the November 1, 2022 document is a notice of appeal. Thus, appellant's notice of appeal is not timely, and we lack jurisdiction over this appeal. Ex parte Castillo, 369 S.W.3d at 198.
Appellant requests an "out of time" appeal. Although we lack authority to grant such a request, appellant may file an application for a writ of habeas corpus in order to pursue an out-of-time appeal. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).
We dismiss this appeal for want of jurisdiction.
JUDGMENT
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction.