Timothy Lee Graham v. THE STATE OF TEXAS ( 2023 )

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.
Judgment entered April 4, 2023.
–5–