John Paul Desmarais v. the State of Texas ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00431-CR
John Paul Desmarais, Appellant
v.
The State of Texas, Appellee
FROM THE COUNTY COURT AT LAW NO. 5 OF TRAVIS COUNTY
NO. C-1-CR-16-153196, THE HONORABLE JOHN LIPSCOMBE, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant John Paul Desmarais seeks to appeal his 2017 class-B misdemeanor
conviction and sentence for terroristic threat. See Tex. Penal Code § 22.07. Desmarais filed his
notice of appeal on July 15, 2022, well beyond the deadline for filing a notice of appeal. See
Tex. R. App. P. 26.2(a) (providing that notice of appeal must be filed within thirty days after day
sentence is imposed or suspended in open court, or within ninety days if motion for new trial is
timely filed). Because Desmarais’s notice of appeal was untimely, we lack jurisdiction over this
appeal. See Taylor v. State, 424 S.W.3d 39, 43 (Tex. Crim. App. 2014) (“A timely notice of
appeal is necessary to invoke a court of appeals’[] jurisdiction.”); Slaton v. State, 981 S.W.2d 208,
210 (Tex. Crim. App. 1998) (“If an appeal is not timely perfected, a court of appeals does not
obtain jurisdiction to address the merits of the appeal.”).
Accordingly, we dismiss the appeal for want of jurisdiction. 1
__________________________________________
Edward Smith, Justice
Before Chief Justice Byrne, Justices Triana and Smith
Dismissed for Want of Jurisdiction
Filed: December 23, 2022
Do Not Publish
1 In addition, all pending motions are dismissed as moot.
2