Detrick Blair Dean v. State ( 2018 )

DISMISSED; Opinion Filed December 6, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01280-CR
DETRICK BLAIR DEAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause No. 199-82171-2015
MEMORANDUM OPINION
Before Justices Lang, Evans, and Boatright
Opinion by Justice Lang
Detrick Blair Dean appeals his conviction for indecency with a child by contact. After
appellant pleaded guilty to the charged offense, the trial court found him guilty and assessed
punishment at ten years in prison. Appellant then filed this appeal.
A defendant perfects his appeal by filing with the trial court clerk a written notice of appeal
showing his desire to appeal 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. 25.2(b), 26.2(a). A timely perfected notice of appeal is required to invoke this Court’s
jurisdiction. Ex parte Castillo, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In the absence of a
timely perfected notice of appeal, the Court must dismiss the appeal. Id.
In this case, the trial court entered judgment on July 18, 2018, and appellant’s motion for
new trial was timely filed on August 14, 2018. See TEX. R. APP. P. 21.4(a). Appellant’s notice of
appeal, due on October 16, 2018, was filed October 24, 2018. See TEX. R. APP. P. 26.2(a)(2). No
motion for extension of time to file the notice of appeal was filed with this Court. Under these
circumstances, we must dismiss the appeal.
We dismiss the appeal for want of jurisdiction.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
181280F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DETRICK BLAIR DEAN, Appellant On Appeal from the 199th Judicial District
Court, Collin County, Texas
No. 05-18-01280-CR V. Trial Court Cause No. 199-82171-2015.
Opinion delivered by Justice Lang. Justices
THE STATE OF TEXAS, Appellee Evans and Boatright participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 6th day of December, 2018.
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