Timothy Lee Graham v. THE STATE OF TEXAS

• Court: Court of Appeals of Texas
• Decided: April 4, 2023
• Docket: 05-23-00287-CR
• Status: Published

Opinion

DISMISS and Opinion Filed April 4, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00287-CR No. 05-23-00288-CR

TIMOTHY LEE GRAHAM, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause Nos. 416-83454-2021, 416-83455-2021

MEMORANDUM OPINION Before Justices Partida-Kipness, Smith, and Breedlove Opinion by Justice Breedlove Appellant appeals his convictions for unlawful possession of a firearm by a

felon and aggravated assault with a deadly weapon. The record demonstrates we

lack jurisdiction over these appeals because the notices of appeal were not timely

filed. Accordingly, we dismiss the appeals 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).

Here, the trial court imposed sentence on August 31, 2022. Appellant did not

move for a new trial, so the notices of appeal were due September 30, 2022. Any

motion to extend the time to file the notice of appeal would have been due on or

before October 17, 2022. Even if appellant had filed a motion for new trial, the latest

the notices of appeal would have been due with a motion for new trial and a motion

for extension of time to file the notice of appeal was December 14, 2022.

Appellant’s notices of appeal were dated March 3, 2023, and they were filed in the

trial court on March 27, 2023. Thus, appellant’s notices of appeal are not timely,

and we lack jurisdiction over these appeals. Ex parte Castillo, 369 S.W.3d at 198.

–2– We dismiss these appeals for want of jurisdiction.

/Maricela Breedlove/ MARICELA BREEDLOVE JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 230287F.U05

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

TIMOTHY LEE GRAHAM, On Appeal from the 416th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 416-83454- No. 05-23-00287-CR V. 2021. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Breedlove. Justices Partida-Kipness and Smith participating.

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

Judgment entered April 4, 2023.

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

TIMOTHY LEE GRAHAM, On Appeal from the 416th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 416-83455- No. 05-23-00288-CR V. 2021. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Breedlove. Justices Partida-Kipness and Smith participating.

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

–5–