Manuel Otis Miranda v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 28, 2023
• Docket: 05-23-01004-CR
• Status: Published

Opinion

Dismissed and Opinion Filed November 28, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01004-CR No. 05-23-01005-CR

MANUEL OTIS MIRANDA, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court Cause Nos. 28412, 28413

MEMORANDUM OPINION Before Justices Nowell, Miskel, and Kennedy Opinion by Justice Nowell Appellant appeals the judgment adjudicating his guilt for aggravated assault

and the judgment revoking his community supervision for retaliation. The appellate

records demonstrate we lack jurisdiction over these appeals because the notices of

appeal were not timely filed. Accordingly, we dismiss the appeals 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 want 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).

Here, the judgments state the trial court imposed sentence on April 26, 2023.

Therefore, appellant’s notices of appeal were due May 26, 2023. Appellant filed the

notices of appeal on October 10, 2023, 167 days after sentence was imposed.

Appellant’s notices of appeal were untimely, and we lack jurisdiction over these

appeals. Ex parte Castillo, 369 S.W.3d at 198.

On November 1, 2023, we sent appellant’s counsel a letter requesting her to

file by November 13, 2023, a letter brief discussing whether this Court has

jurisdiction over appellant’s appeals. However, no jurisdictional letter brief has been

filed.

–2– We dismiss these appeals for want of jurisdiction.

/Erin A. Nowell// ERIN A. NOWELL 231004f.u05 JUSTICE 231005f.u05 Do Not Publish TEX. R. APP. P. 47.2(b)

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

MANUEL OTIS MIRANDA, On Appeal from the 354th Judicial Appellant District Court, Hunt County, Texas Trial Court Cause No. 28412. No. 05-23-01004-CR V. Opinion delivered by Justice Nowell. Justices Miskel and Kennedy THE STATE OF TEXAS, Appellee participating.

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

Judgment entered this 28th day of November, 2023.

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

MANUEL OTIS MIRANDA, On Appeal from the 354th Judicial Appellant District Court, Hunt County, Texas Trial Court Cause No. 28413. No. 05-23-01005-CR V. Opinion delivered by Justice Nowell. Justices Miskel and Kennedy THE STATE OF TEXAS, Appellee participating.

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

–5–