Detrick Blair Dean v. State

• Court: Court of Appeals of Texas
• Decided: December 6, 2018
• Docket: 05-18-01280-CR
• Status: Published

Opinion

DISMISSED; Opinion Filed December 6, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01280-CR

DETRICK BLAIR DEAN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-82171-2015

MEMORANDUM OPINION Before Justices Lang, Evans, and Boatright Opinion by Justice Lang Detrick Blair Dean appeals his conviction for indecency with a child by contact. After

appellant pleaded guilty to the charged offense, the trial court found him guilty and assessed

punishment at ten years in prison. Appellant then filed this appeal.

A defendant perfects his appeal by filing with the trial court clerk a written notice of appeal

showing his desire to appeal 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. 25.2(b), 26.2(a). A timely perfected notice of appeal is required to invoke this Court’s

jurisdiction. Ex parte Castillo, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In the absence of a

timely perfected notice of appeal, the Court must dismiss the appeal. Id. In this case, the trial court entered judgment on July 18, 2018, and appellant’s motion for

new trial was timely filed on August 14, 2018. See TEX. R. APP. P. 21.4(a). Appellant’s notice of

appeal, due on October 16, 2018, was filed October 24, 2018. See TEX. R. APP. P. 26.2(a)(2). No

motion for extension of time to file the notice of appeal was filed with this Court. Under these

circumstances, we must dismiss the appeal.

We dismiss the appeal for want of jurisdiction.

/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 181280F.U05

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

DETRICK BLAIR DEAN, Appellant On Appeal from the 199th Judicial District Court, Collin County, Texas No. 05-18-01280-CR V. Trial Court Cause No. 199-82171-2015. Opinion delivered by Justice Lang. Justices THE STATE OF TEXAS, Appellee Evans and Boatright participating.

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

Judgment entered this 6th day of December, 2018.

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