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Moreno v. State

Court of Appeals Fifth District of Texas at Dallas
May 6, 2013
No. 05-13-00542-CR (Tex. App. May. 6, 2013)

Opinion

No. 05-13-00542-CR No. 05-13-00543-CR

05-06-2013

JOSE MORENO, Appellant v. THE STATE OF TEXAS, Appellee


DISMISS; Opinion issued May 6, 2013

On Appeal from the Criminal District Court No. 5

Dallas County, Texas

Trial Court Cause Nos. F12-54982-L, F12-70797-L


MEMORANDUM OPINION


Before Justices O'Neill, Francis, and Fillmore

Opinion by Justice Francis

Jose Moreno was convicted of two aggravated assault with a deadly weapon offenses. Punishment, enhanced by one prior felony conviction, was assessed at imprisonment for twenty years in each case. The sentences were imposed in open court on February 20, 2013. No timely motions for new trial were filed; therefore, appellant's notices of appeal were due by March 22, 2013. See TEX. R. APP. P. 26.2(a)(1). Appellant's pro se notice of appeal is hand-dated April 11, 2013 and is file-stamped April 19, 2013. The envelope in which it was mailed is post-marked either April 12 or 17, 2013. See TEX. R. APP. P. 9.2(b).

Assuming, without deciding, that the pro se notice of appeal was delivered to jail authorities for mailing on or before April 12, 2013, it would have been considered filed within the fifteen-day extension period provided by rule 26.3. See TEX. R. APP. P. 26.3(a); Campbell v. State, 320 S.W.3d 338, 344 (Tex. Crim. App. 2010). However, to obtain the benefit of the extension period, appellant also had to file an extension motion in this Court within that same fifteen-day period. See TEX. R. APP. P. 26.3(b); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Boyd v. State, 971 S.W.2d 603, 605–06 (Tex. App—Dallas 1998, no pet.). Appellant did not file a motion to extend time to file his notices of appeal in this Court.

Because appellant's April 11, 2013 pro se notice of appeal is untimely as to the February 20, 2013 sentencing date, we have no jurisdiction over the appeals.

We dismiss the appeals for want of jurisdiction.

________________________

MOLLY FRANCIS

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
130542F.U05

JUDGMENT

JOSE MORENO, Appellant

V. THE STATE OF TEXAS, Appellee No. 05-13-00542-CR

On Appeal from the Criminal District Court

No. 5, Dallas County, Texas

Trial Court Cause No. F12-54982-L.

Opinion delivered by Justice Francis,

Justices O'Neill and Fillmore participating.

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

________________________

MOLLY FRANCIS

JUSTICE

JUDGMENT

JOSE MORENO, Appellant

V. THE STATE OF TEXAS, Appellee No. 05-13-00543-CR

On Appeal from the Criminal District Court

No. 5, Dallas County, Texas

Trial Court Cause No. F12-70797-L.

Opinion delivered by Justice Francis,

Justices O'Neill and Fillmore participating.

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

________________________

MOLLY FRANCIS

JUSTICE


Summaries of

Moreno v. State

Court of Appeals Fifth District of Texas at Dallas
May 6, 2013
No. 05-13-00542-CR (Tex. App. May. 6, 2013)
Case details for

Moreno v. State

Case Details

Full title:JOSE MORENO, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 6, 2013

Citations

No. 05-13-00542-CR (Tex. App. May. 6, 2013)