Gloria Elena Melton v. State

Opinion

DISMISS; and Opinion Filed August 5, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00908-CR

GLORIA ELENA MELTON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 2 Kaufman County, Texas Trial Court Cause No. 17-80274-CC2-F

MEMORANDUM OPINION Before Chief Justice Burns, Justice Myers, and Justice Pedersen, III Opinion by Chief Justice Burns Gloria Elena Melton appeals her November 28, 2018 conviction for driving while

intoxicated, third offense. After appellant entered a plea of nolo contendere, the jury found her

guilty and made an affirmative finding that a deadly weapon was used. Punishment, enhanced by

two prior convictions, was assessed at sixty years in prison. Appellant’s notice of appeal, dated

July 22, 2019, was filed in the trial court on August 1, 2019.

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 her desire to appeal. See TEX. R. APP. P. 25.2(b), (c), 26.2(a).

Appellant’s sentence was imposed November 28, 2018; absent a timely filed motion for

new trial, her notice of appeal was due December 28, 2018. Her notice of appeal, dated July 22,

2019, was filed in the trial court on August 1, 2019.

Under these circumstances, we have no other option than to dismiss this appeal.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

Do Not Publish TEX.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

190908F.U05

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

GLORIA ELENA MELTON, Appellant On Appeal from the County Court at Law No. 2, Kaufman County, Texas No. 05-19-00908-CR V. Trial Court Cause No. 17-80274-CC2-F. Opinion delivered by Chief Justice Burns. THE STATE OF TEXAS, Appellee Justices Myers and Pedersen, III participating.

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

Judgment entered this 5th day of August, 2019.

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