DISMISS and Opinion Filed March 1, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00180-CR
LENNARDO PAYNE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F18-76428-P
MEMORANDUM OPINION
Before Justices Whitehill, Molberg, and Reichek
Opinion by Justice Reichek
Before the Court is Lennardo Payne’s February 19, 2019 motion for extension of time to
file his notice of appeal. Following his open plea of guilty, appellant was convicted, on November
13, 2018, of theft of an automated teller machine and its contents valued at less than $300,000.
Appellant then filed his notice of appeal on February 8, 2019.
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, both the notice of appeal and a motion to extend the time to file the
notice of appeal. 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. Ex parte Castillo, 369 S.W.3d 196, 198 (Tex. Crim.
App. 2012); Slaton v. State, 981S.W.2d 208, 210 (Tex. Crim. App. 1998).
In this case, the trial court entered judgment on November 13, 2018. Appellant did not file
a motion for new trial; therefore, his notice of appeal was due on December 13, 2018. Any motion
to extend the time to file the notice of appeal would have been due on or before December 28,
2018. Appellant filed his notice of appeal on February 8, 2019 and a motion to extend time to file
the same on February 19, 2019. Both the notice of appeal and extension motion were untimely.
Under these circumstances, we must dismiss this appeal for want of jurisdiction.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
190180F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LENNARDO PAYNE, Appellant On Appeal from the 203rd Judicial District
Court, Dallas County, Texas
No. 05-19-00180-CR V. Trial Court Cause No. F18-76428-P.
Opinion delivered by Justice Reichek,
THE STATE OF TEXAS, Appellee Justices Whitehill and Molberg
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered March 1, 2019
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