Brian Dale Stone v. State ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00734-CR
Brian Dale Stone, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT
NO. D-1-DC-09-206562, THE HONORABLE JULIE H. KOCUREK, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Brian Dale Stone seeks to appeal from a judgment adjudicating him guilty
of aggravated assault with a deadly weapon. See Tex. Code Crim. Proc. art. 42.12, §§ 5(b), 21, 23;
Tex. Penal Code § 22.02(a)(2). After being adjudicated guilty on May 10, 2013, sentence was
imposed on June 3, 2013. No motion for new trial was filed. Therefore, the deadline for perfecting
appeal was July 3, 2013. See Tex. R. App. P. 26.2(a)(1). Appellant filed his notice of appeal on
October 7, 2013. Thus, appellant’s notice of appeal—filed 126 days after sentence was imposed—is
untimely. Absent a timely filed notice of appeal, we do not obtain jurisdiction to address the merits
of the appeal in a criminal case and can take no action other than to dismiss the appeal for want of
jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State,
918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996). Accordingly, we dismiss this appeal for want
of jurisdiction.
__________________________________________
Melissa Goodwin, Justice
Before Chief Justice Rose, Justices Goodwin and Bourland
Dismissed for Want of Jurisdiction
Filed: June 11, 2015
Do Not Publish
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