Opinion
No. 05-20-00248-CR
05-11-2020
JOSE EDUARDO ANGUIANO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F16-59903-P
MEMORANDUM OPINION
Before Justices Whitehill, Osborne, and Carlyle
Opinion by Justice Whitehill
On January 16, 2018, Jose Eduardo Anguiano was convicted of indecency with a child by contact. His notice of appeal was filed in the trial court on March 15, 2018. After the clerk's record was filed, we asked the parties to brief the Court on how we had jurisdiction, given that the notice of appeal appeared to be untimely. Appellant conceded the notice of appeal was untimely; the State did not respond.
For unknown reasons, the notice of appeal was not forwarded to this Court until February 21, 2020.
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). 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 his desire to appeal. See TEX. R. APP. P. 25.2(b), (c), 26.2(a). In the absence of a timely filed notice of appeal, we have no option other than to dismiss the appeal. Castillo, 369 S.W.3d at 198.
The trial court entered judgment on January 16, 2018; absent a timely filed motion for new trial, any notice of appeal was due on February 15, 2018. See TEX. R. APP. P. 26.2(a). However, appellant's notice of appeal was filed on March 15, 2018. Because the notice of appeal was untimely, we conclude we lack jurisdiction over this appeal.
We dismiss this appeal.
/Bill Whitehill/
BILL WHITEHILL
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
200248F.U05
JUDGMENT
On Appeal from the 203rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F16-59903-P.
Opinion delivered by Justice Whitehill. Justices Osborne and Carlyle participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered May 11, 2020