Steven Garrett Stone v. State

Opinion

Dismiss and Opinion Filed July 17, 2013.

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-13-00945-CR

STEVEN GARRETT STONE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-82000-2011

MEMORANDUM OPINION Before Justices Lang, Myers, and Evans Opinion by Justice Lang Steven Garrett Stone was convicted of possession of a controlled substance in an amount

of four grams or more but less than 200 grams. Sentence of two years’ imprisonment was

imposed in open court on October 3, 2012. Appellant filed a timely motion for new trial;

therefore, his notice of appeal was due by January 2, 2013. See TEX. R. APP. P. 4.1(a),

26.2(a)(2). Appellant’s July 3, 2013 notice of appeal is untimely, leaving us without jurisdiction

over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam).

Accordingly, we dismiss the appeal for want of jurisdiction.

/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

Do Not Publish TEX. R. APP. P. 47 130945F.U05 Court of Appeals Fifth District of Texas at Dallas JUDGMENT

STEVEN GARRETT STONE, Appellant On Appeal from the 219th Judicial District Court, Collin County, Texas No. 05-13-00945-CR V. Trial Court Cause No. 219-82000-2011. Opinion delivered by Justice Lang, Justices THE STATE OF TEXAS, Appellee Myers and Evans participating.

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

Judgment entered this 17th day of July, 2013.

130945.op.docx –2–