From Casetext: Smarter Legal Research

Duvall v. State

Court of Appeals of Texas, Fifth District, Dallas
Oct 29, 2024
No. 05-24-01216-CR (Tex. App. Oct. 29, 2024)

Opinion

05-24-01216-CR 05-24-01217-CR

10-29-2024

MARK LI DUVALL, Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish Tex.R.App.P. 47.2(b)

On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause Nos. 366-83581-2018, 366-80093-2020

Before Burns, Chief Justice Reichek, Justice and Goldstein, Justice.

MEMORANDUM OPINION

ROBERT D. BURNS, III CHIEF JUSTICE

Mark Li Duvall appeals his convictions for failing to comply with the sex offender registration requirements. Pursuant to a plea bargain, the trial court sentenced appellant to ten years' imprisonment. Appellant filed his notice of appeal sixteen months after his conviction. 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).

The judgments of conviction show the trial court imposed sentence on May 4, 2023. Therefore, appellant's notice of appeal was due-at the latest-August 17, 2023. Appellant filed his notice of appeal on October 14, 2024. Because appellant's notice of appeal was untimely, we lack jurisdiction over these appeals.

We dismiss these appeals for want of jurisdiction.

JUDGMENT

Based on the Court's opinion of this date, the appeal is DISMISSED for want of jurisdiction.


Summaries of

Duvall v. State

Court of Appeals of Texas, Fifth District, Dallas
Oct 29, 2024
No. 05-24-01216-CR (Tex. App. Oct. 29, 2024)
Case details for

Duvall v. State

Case Details

Full title:MARK LI DUVALL, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Oct 29, 2024

Citations

No. 05-24-01216-CR (Tex. App. Oct. 29, 2024)