Duante Antwone Taylor v. State

Opinion

Dismissed; Opinion Filed August 19, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00951-CR

DUANTE ANTWONE TAYLOR, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F18-76415-M

MEMORANDUM OPINION Before Justices Whitehill, Partida-Kipness, and Pedersen, III Opinion by Justice Partida-Kipness Duante Antwone Taylor appeals his conviction for fraudulent use or possession of

identifying information. On June 7, 2019, the trial court found appellant guilty and assessed

punishment, enhanced by two prior felony convictions, at forty years in prison. Appellant filed a

motion for new trial on July 15, 2019, followed by his notice of appeal on July 23, 2019. For the

reasons that follow, we dismiss this appeal.

A timely filed notice of appeal is required to invoke this Court’s jurisdiction. Castillo v.

State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In the absence of a timely filed notice of

appeal, the Court has no option other than to dismiss the appeal. Id. A defendant perfects an appeal

by filing with the trial court clerk, 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, a written notice of appeal showing his desire to appeal. See TEX. R. APP. P. 25.2(b), (c), 26.2(a). A motion for new

trial is timely if it is filed “no later than 30 days after” the date the trial court imposes sentence in

open court. See TEX. R. APP. P. 21.4(a).

Appellant’s sentence was imposed on June 7, 2019, making his motion for new trial due

no later than July 8, 2019. See TEX. R. APP. P. 21.4(a), 4.1(a). His motion for new trial, however,

was filed July 15, 2019. An untimely motion for new trial does not extend the time for filing a

notice of appeal. As a result, appellant’s July 23, 2019 notice of appeal was untimely, and we lack

jurisdiction over this appeal. See Castillo, 369 S.W.3d at 198, 202.

We dismiss this appeal.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 190951F.U05

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

DUANTE ANTWONE TAYLOR, On Appeal from the 194th Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. F18-76415-M. No. 05-19-00951-CR V. Opinion delivered by Justice Partida- Kipness, Justices Whitehill and Pedersen, THE STATE OF TEXAS, Appellee III participating.

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

Judgment entered this 19th day of August, 2019.

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