Document Info

DocketNumber: 05-19-00908-CR

Filed Date: 8/5/2019

Status: Precedential

Modified Date: 8/8/2019

  • DISMISS; and Opinion Filed August 5, 2019.
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-19-00908-CR
    GLORIA ELENA MELTON, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the County Court at Law No. 2
    Kaufman County, Texas
    Trial Court Cause No. 17-80274-CC2-F
    MEMORANDUM OPINION
    Before Chief Justice Burns, Justice Myers, and Justice Pedersen, III
    Opinion by Chief Justice Burns
    Gloria Elena Melton appeals her November 28, 2018 conviction for driving while
    intoxicated, third offense. After appellant entered a plea of nolo contendere, the jury found her
    guilty and made an affirmative finding that a deadly weapon was used. Punishment, enhanced by
    two prior convictions, was assessed at sixty years in prison. Appellant’s notice of appeal, dated
    July 22, 2019, was filed in the trial court on August 1, 2019.
    A timely filed notice of appeal is required to invoke this Court’s jurisdiction. Castillo v.
    State, 
    369 S.W.3d 196
    , 198 (Tex. Crim. App. 2012). In the absence of a timely filed notice of
    appeal, the Court has no option other than to dismiss the appeal. 
    Id. A defendant
    perfects an appeal
    by filing with the trial court clerk, 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, a written notice of
    appeal showing her desire to appeal. See TEX. R. APP. P. 25.2(b), (c), 26.2(a).
    Appellant’s sentence was imposed November 28, 2018; absent a timely filed motion for
    new trial, her notice of appeal was due December 28, 2018. Her notice of appeal, dated July 22,
    2019, was filed in the trial court on August 1, 2019.
    Under these circumstances, we have no other option than to dismiss this appeal.
    /Robert D. Burns, III/
    ROBERT D. BURNS, III
    CHIEF JUSTICE
    Do Not Publish
    TEX. R. APP. P. 47.2(b)
    190908F.U05
    –2–
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    GLORIA ELENA MELTON, Appellant                    On Appeal from the County Court at Law
    No. 2, Kaufman County, Texas
    No. 05-19-00908-CR         V.                     Trial Court Cause No. 17-80274-CC2-F.
    Opinion delivered by Chief Justice Burns.
    THE STATE OF TEXAS, Appellee                      Justices Myers and Pedersen, III
    participating.
    Based on the Court’s opinion of this date, we DISMISS this appeal for want of
    jurisdiction.
    Judgment entered this 5th day of August, 2019.
    –3–