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Miranda v. State

Court of Appeals of Texas, Fifth District, Dallas
Nov 28, 2023
No. 05-23-01004-CR (Tex. App. Nov. 28, 2023)

Opinion

05-23-01004-CR 05-23-01005-CR

11-28-2023

MANUEL OTIS MIRANDA, Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish Tex.R.App.P. 47.2(b)

On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause Nos. 28412, 28413

Before Justices Nowell, Miskel, and Kennedy

MEMORANDUM OPINION

ERIN A. NOWELL JUSTICE

Appellant appeals the judgment adjudicating his guilt for aggravated assault and the judgment revoking his community supervision for retaliation. The appellate records demonstrate we lack jurisdiction over these appeals because the notices of appeal were not timely filed. Accordingly, we dismiss the appeals 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 want 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 judgments state the trial court imposed sentence on April 26, 2023. Therefore, appellant's notices of appeal were due May 26, 2023. Appellant filed the notices of appeal on October 10, 2023, 167 days after sentence was imposed. Appellant's notices of appeal were untimely, and we lack jurisdiction over these appeals. Ex parte Castillo, 369 S.W.3d at 198.

On November 1, 2023, we sent appellant's counsel a letter requesting her to file by November 13, 2023, a letter brief discussing whether this Court has jurisdiction over appellant's appeals. However, no jurisdictional letter brief has been filed.

We dismiss these appeals for want of jurisdiction.

JUDGMENT

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


Summaries of

Miranda v. State

Court of Appeals of Texas, Fifth District, Dallas
Nov 28, 2023
No. 05-23-01004-CR (Tex. App. Nov. 28, 2023)
Case details for

Miranda v. State

Case Details

Full title:MANUEL OTIS MIRANDA, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Nov 28, 2023

Citations

No. 05-23-01004-CR (Tex. App. Nov. 28, 2023)