Jimmy Ray Morrow, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 27, 2024
• Docket: 05-24-01076-CR
• Status: Published

Opinion

DISMISS and Opinion Filed September 27, 2024

S In the Court of Appeals Fifth District of Texas at Dallas No. 05-24-01076-CR

JIMMY RAY MORROW, JR., Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-81276-04

MEMORANDUM OPINION Before Justices Reichek, Nowell, and Carlyle Opinion by Justice Carlyle Jimmy Ray Morrow appeals his conviction for aggravated sexual assault. On

November 26, 2007, appellant was sentenced—pursuant to a plea bargain—to five

years’ imprisonment. We conclude we lack jurisdiction over this appeal, and we

dismiss the appeal for want of jurisdiction.

A defendant perfects his 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 after sentencing if the defendant timely filed a motion for new trial. See TEX. R. APP. P. 26.2(a). The rules of appellate procedure allow the time to file a notice of

appeal to be extended if the party files, within fifteen days of the filing deadline, the

notice of appeal in the trial court and a motion to extend the time to file the notice

of appeal in the court of appeals. See TEX. R. APP. P. 10.5(b), 26.3. In the absence of

a timely perfected notice of appeal, the Court must dismiss the appeal for lack of

jurisdiction. 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) (per curiam).

In this case, the judgment states that sentence was imposed November 26,

2007. Even if appellant had filed a motion for new trial and a motion for extension

of time to file the notice of appeal, the latest date for timely filing the notice of appeal

would have been March 10, 2008. Appellant’s notice of appeal filed more than

sixteen years past that date is untimely.

Accordingly, we dismiss the appeal for want of jurisdiction.1

/Cory L. Carlyle/ CORY L. CARLYLE JUSTICE 241076F.U05

1 The documents filed with the notice of appeal also indicate we lack jurisdiction because the appeal is from a plea-bargained conviction and the trial court did not grant permission to appeal. See TEX. R. APP. P. 25.2(a)(2), (d). –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JIMMY RAY MORROW, JR., On Appeal from the 219th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 219-81276-04. No. 05-24-01076-CR V. Opinion delivered by Justice Carlyle. Justices Reichek and Nowell THE STATE OF TEXAS, Appellee participating.

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

Judgment entered September 27, 2024

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