Whitfield Davis Edwards v. State

Opinion

Dismiss and Opinion Filed August 23, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00581-CR No. 05-13-00583-CR

WHITFIELD DAVIS EDWARDS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F10-17106-V, F10-17107-V

MEMORANDUM OPINION Before Justices O’Neill, Francis, and Fillmore Opinion by Justice Francis Whitfield Davis Edwards pleaded guilty to two offenses of tampering with government

records. Following plea agreements in each, the trial court deferred adjudicating appellant’s

guilt and placed him on community supervision for two years. The court also assessed a $1,200

fine in cause no. 05-13-00581-CR. Punishment was assessed in open court on February 19,

2013, and the trial court certified that appellant was appealing the rulings on pretrial motions.

Appellant filed motions for new trial on February 21, 2013 and notices of appeal on April 24,

2013. We conclude we lack jurisdiction over the appeals.

A motion for new trial is not a remedy available to a defendant who receives deferred

adjudication. See Donovan v. State, 68 S.W.3d 633, 636 (Tex. Crim. App. 2002). Thus, a

motion for new trial is ineffective to extend the time for filing a notice of appeal in a case in which the defendant has received deferred adjudication. Murray v. State, 89 S.W.3d 187, 188

(Tex. App.––Dallas 2002, pet. ref’d).

In each case, the trial court deferred adjudicating appellant’s guilt on February 19, 2013.

Therefore, appellant’s notices of appeal were due within thirty days of that date, that is, by

March 21, 2013. See TEX. R. APP. P. 26.2(a)(1); Murray, 89 S.W.3d at 188. Appellant’s April

24, 2013 notices of appeal are untimely, leaving us without jurisdiction over the appeals. See

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

We dismiss the appeals for want of jurisdiction.

/Molly Francis/ MOLLY FRANCIS JUSTICE

Do Not Publish TEX. R. APP. P. 47 130581F.U05

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

WHITFIELD DAVIS EDWARDS, On Appeal from the 292nd Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. F10-17106-V. No. 05-13-00581-CR V. Opinion delivered by Justice Francis. Justices O’Neill and Fillmore participating. THE STATE OF TEXAS, Appellee

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

Judgment entered August 23, 2013

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

WHITFIELD DAVIS EDWARDS, On Appeal from the 292nd Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. F10-17107-V. No. 05-13-00583-CR V. Opinion delivered by Justice Francis. Justices O’Neill and Fillmore participating. THE STATE OF TEXAS, Appellee

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

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