Jose Moreno v. State ( 2013 )

DISMISS; Opinion issued May 6, 2013
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00542-CR
No. 05-13-00543-CR
JOSE MORENO, Appellant
V.
THE STATE OF TEXAS, Appellee
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/
MOLLY FRANCIS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
130542F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSE MORENO, Appellant On Appeal from the Criminal District Court
No. 5, Dallas County, Texas
No. 05-13-00542-CR V. Trial Court Cause No. F12-54982-L.
Opinion delivered by Justice Francis,
THE STATE OF TEXAS, Appellee Justices O’Neill and Fillmore participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered May 6, 2013.
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSE MORENO, Appellant On Appeal from the Criminal District Court
No. 5, Dallas County, Texas
No. 05-13-00543-CR V. Trial Court Cause No. F12-70797-L.
Opinion delivered by Justice Francis,
THE STATE OF TEXAS, Appellee Justices O’Neill and Fillmore participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered May 6, 2013.
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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