Ronald Anderson v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 7, 2021
• Docket: 05-21-00405-CR
• Status: Published

Opinion

DISMISS and Opinion Filed June 7, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00405-CR

RONALD ANDERSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 5 Dallas County, Texas Trial Court Cause No. F19-75344-L

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Goldstein Ronald Anderson was charged with failure to register as a sex offender. The

trial court placed appellant on deferred adjudication but the State subsequently filed

a motion to proceed with adjudication, alleging he violated certain conditions of his

community supervision. On February 4, 2021, the trial court found the allegations

in the State’s motion were true, found appellant guilty of the charged offense, and

assessed punishment at five years in prison. On May 14, 2021, appellant signed his

“Motion of Appeal” which was filed on May 28, 2021. For the reason that follows,

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, we have 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). Under the prisoner mailbox

rule, if a pro se inmate timely delivers a document to prison authorities for

forwarding to the court clerk, the document is deemed filed when placed with prison

officials for mailing. Campbell v. State, 320 S.W.3d 338, 344 (Tex. Crim. App.

2010).

The trial court entered judgment on February 4, 2021. Because there was no

timely filed motion for new trial, appellant’s notice of appeal was due on March 8,

2021. See TEX. R. APP. P. 26.2(a). Appellant’s May 14, 2021 pro se notice of appeal

was untimely, and as a result, we lack jurisdiction over this appeal.

We dismiss this appeal for want of jurisdiction.

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b) 210405F.U05

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

RONALD ANDERSON, Appellant On Appeal from the Criminal District Court No. 5, Dallas County, Texas No. 05-21-00405-CR V. Trial Court Cause No. F19-75344-L. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Goldstein. Justices Molberg and Smith participating.

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

Judgment entered June 7, 2021

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