Duante Antwone Taylor v. State

Dismissed; Opinion Filed August 19, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00951-CR
DUANTE ANTWONE TAYLOR, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F18-76415-M
MEMORANDUM OPINION
Before Justices Whitehill, Partida-Kipness, and Pedersen, III
Opinion by Justice Partida-Kipness
Duante Antwone Taylor appeals his conviction for fraudulent use or possession of
identifying information. On June 7, 2019, the trial court found appellant guilty and assessed
punishment, enhanced by two prior felony convictions, at forty years in prison. Appellant filed a
motion for new trial on July 15, 2019, followed by his notice of appeal on July 23, 2019. For the
reasons that follow, we dismiss this appeal.
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). A motion for new
trial is timely if it is filed “no later than 30 days after” the date the trial court imposes sentence in
open court. See TEX. R. APP. P. 21.4(a).
Appellant’s sentence was imposed on June 7, 2019, making his motion for new trial due
no later than July 8, 2019. See TEX. R. APP. P. 21.4(a), 4.1(a). His motion for new trial, however,
was filed July 15, 2019. An untimely motion for new trial does not extend the time for filing a
notice of appeal. As a result, appellant’s July 23, 2019 notice of appeal was untimely, and we lack
jurisdiction over this appeal. See Castillo, 369 S.W.3d at 198, 202.
We dismiss this appeal.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
190951F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DUANTE ANTWONE TAYLOR, On Appeal from the 194th Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F18-76415-M.
No. 05-19-00951-CR V. Opinion delivered by Justice Partida-
Kipness, Justices Whitehill and Pedersen,
THE STATE OF TEXAS, Appellee III participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 19th day of August, 2019.
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