Thomas Paul Gilbert v. State ( 2020 )

Dismissed and Opinion Filed January 28, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00065-CR
THOMAS PAUL GILBERT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 219-80015-2018
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Evans
Opinion by Justice Molberg
Thomas Paul Gilbert was found guilty and sentenced for possession of a controlled
substance in the 219th Judicial District Court of Collin County on September 10, 2018. A week
later, appellant filed a notice of appeal in this Court. After the record and briefs were filed, we
issued a memorandum opinion affirming the trial court’s judgment. See Gilbert v. State, No. 05-
18-01072-CR, 2019 WL 6522179 (Tex. App.—Dallas Dec. 4, 2019, no pet. h.). On January 10,
2020, appellant filed a pro se notice of appeal with the Collin County District Clerk who, in turn,
sent the notice to this Court. The notice states appellant is “ready for review on challenge to
jurisdiction.”
We addressed appellant’s challenge to the trial court’s judgment in his direct appeal. That
opinion issued December 4, 2019. Appellant did not file a motion for rehearing nor did he file a
petition for discretionary review. Rather, he filed a new notice of appeal again seeking review of
the September 10, 2018 judgment.
We have already addressed and disposed of appellant’s direct appeal. And his January 10,
2020 notice of appeal is untimely filed. See TEX. R. APP. P. 26.2.
We dismiss this appeal for want of jurisdiction.
/Ken Molberg//
KEN MOLBERG
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
THOMAS PAUL GILBERT, Appellant On Appeal from the 219th Judicial District
Court, Collin County, Texas
No. 05-20-00065-CR V. Trial Court Cause No. 219-80015-2018.
Opinion delivered by Justice Molberg.
THE STATE OF TEXAS, Appellee Justices Reichek and Evans participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 28th day of January, 2020.
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