Frank Marquez v. State

DISMISS; and Opinion Filed August 8, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00884-CR
No. 05-19-00885-CR
FRANK MARQUEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause Nos. F18-41408-H & F17-34782-H
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Nowell
Opinion by Justice Brown
Frank Marquez appeals the trial court’s November 20, 2018 orders deferring adjudication
on his two burglary of habitation offenses. Appellant’s notices of appeal, dated July 8, 2019, were
filed in the trial court on July 19, 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 his desire to appeal. See TEX. R. APP. P. 25.2(b), (c), 26.2(a).
Appellant was placed on deferred adjudication in each case on November 20, 2018; absent
timely filed motions for new trial, his notices of appeal were due no later than December 20, 2018.
However, his notices of appeal, dated July 8, 2019, were filed in the trial court on July 19, 2019.
Under these circumstances, we have no other option than to dismiss these appeals.
/Ada Brown/
ADA BROWN
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
190884F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
FRANK MARQUEZ, Appellant On Appeal from the Criminal District Court
No. 1, Dallas County, Texas
No. 05-19-00884-CR V. Trial Court Cause No. F18-41408-H.
Opinion delivered by Justice Brown.
THE STATE OF TEXAS, Appellee Justices Bridges and Nowell participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 8th day of August, 2019.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
FRANK MARQUEZ, Appellant On Appeal from the Criminal District Court
No. 1, Dallas County, Texas
No. 05-19-00885-CR V. Trial Court Cause No. F17-34782-H.
Opinion delivered by Justice Brown.
THE STATE OF TEXAS, Appellee Justices Bridges and Nowell participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 8th day of August, 2019.
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