Dismiss and Opinion Filed April 16, 2015.
Court of Appeals
S In The
Fifth District of Texas at Dallas
No. 05-15-00474-CR
CHRISTOPHER RANDY PEREZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-80748-2014
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Brown, and Justice Stoddart
Opinion by Justice Stoddart
Christopher Randy Perez was convicted of aggravated assault with a deadly weapon and
sentenced to ten years’ imprisonment. Sentence was imposed in open court on August 21, 2014.
In his notice of appeal, appellant recognizes that he pleaded guilty pursuant to plea agreement,
but believes he should be able to appeal because his conviction was based on ineffective
assistance of counsel. 1 We dismiss the appeal for want of jurisdiction.
Appellant did not timely file a motion for new trial; therefore, his notice of appeal was
due by Monday, September 22, 2014. See TEX. R. APP. P. 4.1(a), 26.2(a)(a). Appellant’s April
14, 2015 notice of appeal is untimely as to his August 21, 2014 sentencing date. Nothing in the
notice of appeal indicates appellant was granted an out-of-time appeal by the Texas Court of
1
This is appellant’s second appeal from the same conviction. The first appeal was dismissed for want of jurisdiction on February 12, 2015.
Perez v. State, No. 05-15-00149-CR (Tex App.-––Dallas Feb. 12, 2015, no pet.).
Criminal Appeals, and this Court has no authority to grant appellant an out-of-time appeal. See
Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 918
S.W.2d 519, 523 (Tex. Crim. App. 1996).
We dismiss the appeal for want of jurisdiction.
/ Craig Stoddart/
CRAIG STODDART
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
150474F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CHRISTOPHER RANDY PEREZ, On Appeal from the 296th Judicial District
Appellant Court, Collin County, Texas
Trial Court Cause No. 296-80748-2014.
No. 05-15-00474-CR V. Opinion delivered by Justice Stoddart, Chief
Justice Wright and Justice Brown
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 16th day of April, 2015.
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