Steven Wayne Russell v. the State of Texas ( 2021 )

Dismissed and Opinion Filed June 29, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00489-CR
STEVEN WAYNE RUSSELL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 196th District Court
Hunt County, Texas
Trial Court Cause No. 19717
MEMORANDUM OPINION
Before Justices Osborne, Pedersen, III, and Nowell
Opinion by Justice Osborne
On October 27, 2000, a jury found Steven Wayne Russell guilty of capital
murder and he was sentenced to life in prison. His conviction was affirmed on direct
appeal. See Russell v. State, No. 05-00-01978-CR, 2002 WL 59264 (Tex. App.—
Dallas Jan. 16, 2002, pet. ref’d) (not designated for publication). On June 25, 2021,
he filed a pro se notice of appeal. We dismiss this appeal for lack 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,
both the notice of appeal and a motion to extend the time to file the notice of appeal.
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. Ex parte Castillo, 369 S.W.3d 196, 198
(Tex. Crim. App. 2012); Slaton v. State, 981S.W.2d 208, 210 (Tex. Crim. App.
1998).
Appellant’s notice of appeal was due November 27, 2000. Because
appellant’s June 25, 2021 notice of appeal was untimely, we lack jurisdiction over
this appeal. We further note that, because appellant previously filed an appeal in
2000 which has been disposed of, we have no jurisdiction to entertain a second direct
appeal.
We dismiss this appeal.
/Leslie Osborne//
210489f.u05 LESLIE OSBORNE
Do Not Publish JUSTICE
TEX. R. APP. P. 47.2(b)
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
STEVEN WAYNE RUSSELL, On Appeal from the 196th District
Appellant Court, Hunt County, Texas
Trial Court Cause No. 19717.
No. 05-21-00489-CR V. Opinion delivered by Justice
Osborne. Justices Pedersen, III and
THE STATE OF TEXAS, Appellee Nowell participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 29th day of June, 2021.
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