Artis Ray Martin v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 13, 2023
• Docket: 05-23-00829-CR
• Status: Published

Opinion

Dismiss and Opinion Filed November 13, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00829-CR

ARTIS RAY MARTIN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-82238-2021

MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Nowell Opinion by Justice Pedersen, III Artis Ray Martin appeals his conviction for manslaughter. The appellate

record demonstrates we lack jurisdiction over this appeal because the notice of

appeal was not timely filed. Accordingly, we dismiss the appeal for want of

jurisdiction.

A defendant perfects his 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). The rules of appellate procedure allow the time to file a notice

of appeal to be extended if the party files, within fifteen days of the filing deadline,

the notice of appeal in the trial court and a motion to extend the time to file the notice

of appeal in the court of appeals. See Tex. R. App. P. 10.5(b), 26.3. In the absence

of a timely perfected notice of appeal, the Court must dismiss the appeal for want of

jurisdiction. Ex parte Castillo, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Slaton

v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam).

Here, the judgment states the trial court imposed sentence on March 3, 2023.

Appellant did not file a motion for new trial. Therefore, appellant’s notice of appeal

was due Monday, April 3, 2023. See TEX. R. APP. P. 4.1. Appellant filed the notice

of appeal on August 22, 2023, which was 172 days after sentence was imposed.

Appellant’s notice of appeal was untimely, and we lack jurisdiction over this appeal.

On September 27, 2023, we sent appellant’s counsel a letter requesting her to

file by October 9, 2023, a letter brief discussing whether this Court has jurisdiction

over appellant’s appeal. However, no jurisdictional letter brief has been filed.

We DISMISS this appeal for want of jurisdiction.

/Bill Pedersen, III// 230829f.u05 BILL PEDERSEN, III Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b)

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ARTIS RAY MARTIN, Appellant On Appeal from the 296th Judicial District Court, Collin County, Texas No. 05-23-00829-CR V. Trial Court Cause No. 296-82238- 2021. THE STATE OF TEXAS, Appellee Opinion delivered by Justice Pedersen, III. Justices Molberg and Nowell participating.

Based on the Court’s opinion of this date, this appeal is dismissed for want of jurisdiction.

Judgment entered this 13th day of November, 2023.

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