Opinion
02-23-00126-CR
07-06-2023
Desmond Dajuan Sanders, Jr., Appellant v. The State of Texas
On Appeal from the 90th District Court Young County, Texas Trial Court No. CR11766
Before Sudderth, C.J.; Kerr and Birdwell, JJ
MEMORANDUM OPINION
BONNIE SUDDERTH, CHIEF JUSTICE
MEMORANDUM OPINION
Appellant Desmond Dajuan Sanders, Jr. attempts to appeal a judgment adjudicating his guilt following his unsuccessful stint on deferred adjudication community supervision. But his notice of appeal was untimely; the notice was due "within 30 days after the day sentence [wa]s imposed . . . in open court," Tex.R.App.P. 26.2(a)(1), and it was not filed until the thirty-first day-one day too late. See Tex. R. App. P. 4.1(a).
Appellant has not provided any indication that he filed a motion for new trial. Cf. Tex.R.App.P. 26.2(a)(2).
"A timely notice of appeal is necessary to invoke a court of appeals's jurisdiction," Taylor v. State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014); see Tex.R.App.P. 25.2(b), so we notified Appellant of our concern that his untimely notice deprived us of jurisdiction. We warned him that we could dismiss the appeal for want of jurisdiction unless, within ten days, he provided evidence that his notice of appeal had been timely filed, or he showed other grounds for continuing the appeal. See Tex. R. App. P. 44.3. More than ten days have passed, but we have not received a response.
We noted that our record showed no motion for new trial, and we asked him to provide evidence that he had placed his notice of appeal in the mail on or before the deadline. See Tex.R.App.P. 9.2(b); TayOor, 424 S.W.3d at 43-44 (discussing mailbox rule in Rule 9.2). Even this was a stretch, though, as Appellant's notice of appeal appears to have been electronically filed by his counsel.
Because Appellant's notice of appeal was untimely, we dismiss his appeal for want of jurisdiction. See Tex.R.App.P. 43.2(f); Walker v. State, Nos. 02-22-00114-CR, 02-22-00115-CR, 2022 WL 4272865, at *1 (Tex. App.-Fort Worth Sept. 15, 2022, no pet.) (per curiam) (mem. op., not designated for publication).