Don Arlen Pierson II v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 12, 2023
• Docket: 04-23-00489-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00488-CR No. 04-23-00489-CR

Don Arlen PIERSON II, Appellant

v.

The STATE of Texas, Appellee

From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 20-617-CR, 20-618-CR Honorable Sid Harle, Judge Presiding 1

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: July 12, 2023

DISMISSED FOR WANT OF JURISDICTION

This is an appeal from a conviction of one count of driving while intoxicated and one count

of unlawfully carrying a handgun by a license holder. Appellant was convicted by jury trial on

March 22, 2023. The written judgment states the sentence was imposed on the same day.

On May 4, 2023, Appellant filed a notice of appeal, pro se. On May 18, 2023, Appellant

filed a declaration of facts, which provided an explanation for filing a late notice of appeal. On

1 Kirsten Cohoon is the current presiding judge of the 451st District Court in Kendall County. 04-23-00488-CR & 04-23-00489-CR

May 22, 2023, we ordered Appellant to show cause why his appeal should not be dismissed for

want of jurisdiction. 2 Appellant’s explanation does not have the effect of invoking this court’s

appellate jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). We now

dismiss the purported appeal for want of jurisdiction.

Do Not Publish

2 A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

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