Opinion
No. 10-17-00243-CR
09-13-2017
KEITH SINGLETON, Appellant v. THE STATE OF TEXAS, Appellee
From the 12th District Court Walker County, Texas
Trial Court No. 27936
MEMORANDUM OPINION
Appellant Keith Singleton pleaded guilty to the offense of manufacture or delivery of a controlled substance, and the trial court assessed his punishment at sixty years' imprisonment. Sentence was imposed in open court on June 1, 2017. No motion for new trial was filed. Because no motion for new trial was filed, Singleton must have filed his notice of appeal from the trial court's judgment within thirty days after the day sentence was imposed in open court. See TEX. R. APP. P. 26.2(a). Singleton must therefore have filed his notice of appeal by July 3, 2017. See TEX. R. APP. P. 4.1(a), 26.2(a). Singleton's notice of appeal, however, was not filed until August 1, 2017.
Singleton's notice of appeal does indicate that it was mailed, via first-class mail, to the trial court judge on June 30, 2017. But mailing the notice of appeal to the trial court judge does not perfect the appeal. See TEX. R. APP. P. 25.2(b) ("In a criminal case, appeal is perfected by timely filing a sufficient notice of appeal." (emphasis added)), (c)(1) ("Notice must be given in writing and filed with the trial court clerk." (emphasis added)); Ashby v. State, No. 05-97-00103-CR, 1997 WL 257484, at *3 (Tex. App.—Dallas May 16, 1997, no pet.) (not designated for publication) (interpreting former appellate rule 40(b)(1)) ("The clerk cannot fulfill his or her duties if the notice of appeal is not filed with the clerk within the time prescribed by the rules of appellate procedure." (emphasis added)). But see Thomas v. State, No. 05-13-00143-CR, 2014 WL 1413735, at *1 (Tex. App.—Dallas Mar. 31, 2014, no pet.) (mem. op., not designated for publication).
An appellant must timely perfect an appeal to invoke this Court's jurisdiction. "If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal. Under those circumstances it can take no action other than to dismiss the appeal." Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
The Clerk of this Court therefore notified Singleton that, unless he showed grounds for continuing this appeal, it was subject to dismissal. Singleton responded by filing a "Motion to comply with court orders and opposing to dismissal." The motion states that Singleton's notice of appeal was actually filed on June 20, 2017, under the incorrect title of "amended notice of appeal." But the "amended notice of appeal" to which Singleton refers was filed on July 20, 2017, not June 20, 2017. Singleton's "amended notice of appeal" was therefore also untimely.
Accordingly, this appeal and Singleton's motion are dismissed.
REX D. DAVIS
Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Appeal dismissed
Opinion delivered and filed September 13, 2017
Do not publish
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