Stanley Scott Clayton II v. State

IN THE
TENTH COURT OF APPEALS
No. 10-19-00232-CR
STANLEY SCOTT CLAYTON II,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the County Court at Law
Walker County, Texas
Trial Court No. 18-0614
MEMORANDUM OPINION
Stanley Scott Clayton, II, was convicted of speeding in the Municipal Court of the
City of Huntsville. After a trial de novo in the County Court at Law, Clayton was again
convicted and fined $200. The Court’s judgment of conviction was signed and the
sentence was imposed on April 9, 2019. Having timely filed a motion for new trial,
Clayton’s notice of appeal was due July 8, 2019. It was not filed until July 9, 2019.1 Thus,
Clayton’s notice of appeal is untimely. See TEX. R. APP. P. 26.2(a)(2).
1
Clayton acknowledged in his notice of appeal that it was emailed to the trial court clerk on July 9, 2019.
We have no jurisdiction of an untimely appeal, and this appeal must be dismissed.
See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no appellate jurisdiction
where notice of appeal is untimely). Accordingly, this appeal is dismissed.
A motion for rehearing may be filed within 15 days after the judgment of this
Court is rendered. See TEX. R. APP. P. 49.1. If Clayton desires to have the decision of this
Court reviewed by filing a petition for discretionary review, that petition must be filed
with the Court of Criminal Appeals within 30 days after either the day this Court's
judgment was rendered or the day the last timely motion for rehearing was overruled by
this Court. See TEX. R. APP. P. 68.2(a).
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Appeal dismissed
Opinion delivered and filed July 31, 2019
Do not publish
[CR25]
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