Darnell Estelle v. State ( 2021 )

IN THE
TENTH COURT OF APPEALS
No. 10-21-00005-CR
No. 10-21-00006-CR
No. 10-21-00007-CR
DARNELL ESTELLE,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court Nos. 2018-1678-C2, 2018-1785-C2,
and 2019-125-C2
MEMORANDUM OPINION
Darnell Estelle appeals his plea of guilty to three charges of theft of less than
$2,500, with two or more priors. Estelle’s sentences were imposed on October 23, 2019.
Unless timely motions for new trial were filed, Estelle’s notices of appeal were due on or
before November 22, 2019. TEX. R. APP. P. 26.2(a). They were not filed until January 6,
2021, over a year late. Estelle filed a motion for new trial for each offense in the trial court
also on January 6, 2021, but they were untimely filed. See TEX. R. APP. P. 21.4(a) (“The
defendant may file motion for new trial before, but no later than 30 days after, the date
when the trial court imposes or suspends sentence in open court.”). Thus, Estelle's notices
of appeal are untimely. See id. 26.2(a)(2).
We have no jurisdiction of an untimely appeal, and these appeals must be
dismissed. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no appellate
jurisdiction where notice of appeal is untimely). Accordingly, these appeals are
dismissed.
A motion for rehearing of these dismissals may be filed within 15 days after the
judgments of this Court are rendered. See TEX. R. APP. P. 49.1. If Estelle wishes to have
the decisions of this Court reviewed by filing a petition for discretionary review, that
petition must be filed with the Court of Criminal Appeals within 30 days after either the
day this Court's judgments were rendered or the day the last timely motion for rehearing
was overruled by this Court. See TEX. R. APP. P. 68.2(a).
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Neill, and
Justice Scoggins 1
Appeals dismissed
Opinion delivered and filed January 13, 2021
Do not publish
[CR25]
1
The Honorable Al Scoggins, Senior Justice of the Tenth Court of Appeals, sitting by assignment of the
Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE §§ 74.003, 75.002, 75.003.
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