Steven Wayne Russell v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 29, 2021
• Docket: 05-21-00489-CR
• Status: Published

Opinion

Dismissed and Opinion Filed June 29, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00489-CR

STEVEN WAYNE RUSSELL, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 196th District Court Hunt County, Texas Trial Court Cause No. 19717

MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Nowell Opinion by Justice Osborne On October 27, 2000, a jury found Steven Wayne Russell guilty of capital

murder and he was sentenced to life in prison. His conviction was affirmed on direct

appeal. See Russell v. State, No. 05-00-01978-CR, 2002 WL 59264 (Tex. App.—

Dallas Jan. 16, 2002, pet. ref’d) (not designated for publication). On June 25, 2021,

he filed a pro se notice of appeal. We dismiss this appeal for lack 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,

both the notice of appeal and a motion to extend the time to file the notice of appeal.

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. Ex parte Castillo, 369 S.W.3d 196, 198

(Tex. Crim. App. 2012); Slaton v. State, 981S.W.2d 208, 210 (Tex. Crim. App.

1998).

Appellant’s notice of appeal was due November 27, 2000. Because

appellant’s June 25, 2021 notice of appeal was untimely, we lack jurisdiction over

this appeal. We further note that, because appellant previously filed an appeal in

2000 which has been disposed of, we have no jurisdiction to entertain a second direct

appeal.

We dismiss this appeal.

/Leslie Osborne// 210489f.u05 LESLIE OSBORNE Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b)

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

STEVEN WAYNE RUSSELL, On Appeal from the 196th District Appellant Court, Hunt County, Texas Trial Court Cause No. 19717. No. 05-21-00489-CR V. Opinion delivered by Justice Osborne. Justices Pedersen, III and THE STATE OF TEXAS, Appellee Nowell participating.

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

Judgment entered this 29th day of June, 2021.

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