Chamel Anderson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 12, 2022
• Docket: 05-21-01177-CR
• Status: Published

Opinion

DISMISS and Opinion Filed January 12, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-01177-CR

CHAMEL ANDERSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F09-56401-U

MEMORANDUM OPINION Before Justices Schenck, Osborne, and Partida-Kipness Opinion by Justice Schenck Chamel Anderson was found guilty and sentenced for aggravated assault with

a deadly weapon. She appealed and, after the record and briefs were filed, we issued

a memorandum opinion affirming the trial court’s judgment. See Anderson v. State,

No. 05-12-01341-CR, 2013 WL 6229542, at 2* (Tex. App.—Dallas Dec. 2, 2013,

no pet.). Appellant later filed an application for a writ of habeas corpus raising,

among other things, ineffective assistance of counsel. The Texas Court of Criminal

Appeals ordered a hearing in the trial court, and after reviewing the record from the

hearing, denied appellant’s application for writ of habeas corpus on October 19,

2016. On December 13, 2021, Chamel Anderson filed a document entitled

“Ineffective Council [sic] Motion to Appeal” with the Dallas County District Clerk.

That document was forwarded to this Court on December 31, 2021. It appears

appellant is again seeking to challenge her August 2012 adjudication of guilt. We

dismiss this appeal for want of jurisdiction.

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 if the defendant timely filed a motion for new trial). See id. 26.2(a). In

the absence of a timely perfected notice of appeal, the Court must dismiss the appeal.

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).

Here, appellant was indicted for the second-degree offense of aggravated

assault with a deadly weapon and was placed on deferred adjudication for five years.

Although the terms of appellant’s community supervisions were modified several

times, in May 2012, the State filed a motion to proceed with adjudication. On August

30, 2012, after appellant pleaded true to committing five violations, the trial court

found appellant guilty and sentenced her to ten years in prison.

Appellant filed a September 2012 notice of appeal following the August 2012

judgment, and this Court affirmed her conviction on direct appeal. Appellant’s

–2– December 13, 2021 “Motion to Appeal” is untimely. Furthermore, the issues she

appears to raise have already been addressed by the Texas Court of Criminal Appeals

in her post-conviction writ of habeas corpus.

For these reasons, we dismiss this appeal for want of jurisdiction.

/David J. Schenck/ DAVID J. SCHENCK Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b) 211177F.U05

–3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CHAMEL ANDERSON, Appellant On Appeal from the 291st Judicial District Court, Dallas County, Texas No. 05-21-01177-CR V. Trial Court Cause No. F09-56401-U. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Schenck. Justices Osborne and Partida-Kipness participating.

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

Judgment entered January 12, 2022

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