Opinion
05-24-01076-CR
09-27-2024
JIMMY RAY MORROW, JR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-81276-04
Before Reichek, Nowell, and Carlyle, Justices.
MEMORANDUM OPINION
CORY L. CARLYLE, JUSTICE.
Jimmy Ray Morrow appeals his conviction for aggravated sexual assault. On November 26, 2007, appellant was sentenced-pursuant to a plea bargain-to five years' imprisonment. We conclude we lack jurisdiction over this appeal, and 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).
In this case, the judgment states that sentence was imposed November 26, 2007. Even if appellant had filed a motion for new trial and a motion for extension of time to file the notice of appeal, the latest date for timely filing the notice of appeal would have been March 10, 2008. Appellant's notice of appeal filed more than sixteen years past that date is untimely.
Accordingly, we dismiss the appeal for want of jurisdiction.
The documents filed with the notice of appeal also indicate we lack jurisdiction because the appeal is from a plea-bargained conviction and the trial court did not grant permission to appeal. See TEX. R. APP. P. 25.2(a)(2), (d).
JUDGMENT
Based on the Court's opinion of this date, the appeal is DISMISSED for want of jurisdiction.