Jarrett William Ripley v. State

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
JERRETT WILLIAM RIPLEY, § No. 08-19-00040-CR
Appellant, § Appeal from the
v. § 112th District Court
THE STATE OF TEXAS, § of Pecos County, Texas
Appellee. § (TC# P-3892-112-CR)
§
ORDER
The Court has reviewed Appellant’s response and amended response to the letter providing
notice of the Court’s intent to dismiss the appeal for lack of jurisdiction. Appellant requests that
the Court clarify the record to reflect he timely filed his notice of appeal. At the request of the
Court, the District Clerk has provided the Court with copies of the judgment of conviction and
Appellant’s motion for new trial.
In the amended response, Appellant states that sentence was imposed on November 13,
2018, but the judgment of conviction recites that sentence was imposed on November 3, 2018.
The recitations in the judgment are presumed to be true. In an appeal from a criminal conviction,
the appellate timetable begins to run on the date sentence is imposed in open court. See
TEX.R.APP.P. 26.2(a). The notice of appeal is due to be filed thirty days after sentence is imposed
in open court unless the defendant timely files a motion for new trial. See TEX.R.APP.P. 26.2(a)(1).
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Appellant asserts in his amended response that he timely filed his motion for new trial on
December 3, 2018 and the trial court denied it on December 4, 2018. The District Clerk has
provided the Court with a copy of Appellant’s motion for new trial. The file-stamp on the motion
for new trial reflects that it was filed on December 6, 2018. Based on the foregoing information,
Appellant’s notice of appeal was due to be filed no later than December 3, 2018. The notice of
appeal was filed on January 16, 2019.
The Court requests that Appellant file an additional response addressing whether Appellant
timely filed his notice of appeal. Appellant should provide the Court with any evidence supporting
his assertions that sentence was not imposed until November 13, 2018 and that he timely-filed his
motion for new trial on December 3, 2018. Appellant’s response is due to be filed no later than
February 11, 2019. The State’s reply to Appellant’s response, if any, is due to be filed no later
than February 21, 2019.
IT IS SO ORDERED this 31st day of January, 2019.
PER CURIAM
Before McClure, C.J., Rodriguez and Palafox, JJ.
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