Mark Li Duvall v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 29, 2024
• Docket: 05-24-01216-CR
• Status: Published

Opinion

DISMISS and Opinion Filed October 29, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01216-CR No. 05-24-01217-CR

MARK LI DUVALL, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause Nos. 366-83581-2018, 366-80093-2020

MEMORANDUM OPINION Before Chief Justice Burns, Justice Reichek, and Justice Goldstein Opinion by Chief Justice Burns Mark Li Duvall appeals his convictions for failing to comply with the sex

offender registration requirements. Pursuant to a plea bargain, the trial court

sentenced appellant to ten years’ imprisonment. Appellant filed his notice of appeal

sixteen months after his conviction. 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).

The judgments of conviction show the trial court imposed sentence on May 4,

2023. Therefore, appellant’s notice of appeal was due—at the latest—August 17,

2023. Appellant filed his notice of appeal on October 14, 2024. Because appellant’s

notice of appeal was untimely, we lack jurisdiction over these appeals.

We dismiss these appeals for want of jurisdiction.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b)

241216F.U05

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

MARK LI DUVALL, Appellant On Appeal from the 366th Judicial District Court, Collin County, Texas No. 05-24-01216-CR V. Trial Court Cause No. 366-83581- 2018. THE STATE OF TEXAS, Appellee Opinion delivered by Chief Justice Burns. Justices Reichek and Goldstein participating.

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

Judgment entered October 29, 2024

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

MARK LI DUVALL, Appellant On Appeal from the 366th Judicial District Court, Collin County, Texas No. 05-24-01217-CR V. Trial Court Cause No. 366-80093- 2020. THE STATE OF TEXAS, Appellee Opinion delivered by Chief Justice Burns. Justices Reichek and Goldstein participating.

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

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