Thomas Paul Gilbert v. State

Opinion

Dismissed and Opinion Filed January 28, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00065-CR

THOMAS PAUL GILBERT, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-80015-2018

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Evans Opinion by Justice Molberg Thomas Paul Gilbert was found guilty and sentenced for possession of a controlled

substance in the 219th Judicial District Court of Collin County on September 10, 2018. A week

later, appellant filed a notice of appeal in this Court. After the record and briefs were filed, we

issued a memorandum opinion affirming the trial court’s judgment. See Gilbert v. State, No. 05-

18-01072-CR, 2019 WL 6522179 (Tex. App.—Dallas Dec. 4, 2019, no pet. h.). On January 10,

2020, appellant filed a pro se notice of appeal with the Collin County District Clerk who, in turn,

sent the notice to this Court. The notice states appellant is “ready for review on challenge to

jurisdiction.”

We addressed appellant’s challenge to the trial court’s judgment in his direct appeal. That

opinion issued December 4, 2019. Appellant did not file a motion for rehearing nor did he file a petition for discretionary review. Rather, he filed a new notice of appeal again seeking review of

the September 10, 2018 judgment.

We have already addressed and disposed of appellant’s direct appeal. And his January 10,

2020 notice of appeal is untimely filed. See TEX. R. APP. P. 26.2.

We dismiss this appeal for want of jurisdiction.

/Ken Molberg// KEN MOLBERG JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b)

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

THOMAS PAUL GILBERT, Appellant On Appeal from the 219th Judicial District Court, Collin County, Texas No. 05-20-00065-CR V. Trial Court Cause No. 219-80015-2018. Opinion delivered by Justice Molberg. THE STATE OF TEXAS, Appellee Justices Reichek and Evans participating.

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

Judgment entered this 28th day of January, 2020.

–3–