Jennifer Ann Arndt v. State

DISMISS and Opinion Filed January 6, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-01072-CR
JENNIFER ANN ARNDT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 15th Judicial District Court
Grayson County, Texas
Trial Court Cause No. 069897
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Myers, and Justice Pedersen, III
Opinion by Chief Justice Burns
Jennifer Ann Arndt filed a pro se notice of appeal on December 4, 2020. After
reviewing a copy of the judgment, we conclude we lack jurisdiction over the appeal.
A defendant perfects her appeal by timely filing a written notice of appeal
with the trial court clerk. See TEX. R. APP. P. 25.2(c). To be timely, the notice of
appeal must be filed 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. See
TEX. R. APP. P. 26.2(a). In the absence of a timely perfected notice of appeal, the
Court must dismiss the appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim.
App. 2012); Slaton v. State, 981S.W.2d 208, 210 (Tex. Crim. App. 1998).
In this case, the trial court entered judgment on July 3, 2019, making
appellant’s notice of appeal due on August 2, 2019. However, she filed her notice of
appeal on December 4, 2020.
Because the notice of appeal is untimely, we lack jurisdiction and must
dismiss this appeal.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
201072F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JENNIFER ANN ARNDT, Appellant On Appeal from the 15th Judicial
District Court, Grayson County,
No. 05-20-01072-CR V. Texas
Trial Court Cause No. 069897.
THE STATE OF TEXAS, Appellee Opinion delivered by Chief Justice
Burns. 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 January 6, 2021
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