DISMISS and Opinion Filed April 2, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00357-CR
No. 05-19-00358-CR
DAVID MICHAEL GORDON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F97-22970-P & F98-02564-P
MEMORANDUM OPINION
Before Justices Whitehill, Molberg, and Reichek
Opinion by Justice Whitehill
On March 25, 2019, David Michael Gordon filed his pro se notice of appeal in the above
two cases. In the notice, he states he was denied the effective assistance of counsel at trial and
that, as a result, he was denied probation and sentenced to twenty and forty-five years in prison.
According to his notice of appeal, he was sentenced on June 8, 1999. He now seeks to appeal.
In a criminal case where no motion for new trial has been filed, an appellant invokes the
jurisdiction of this Court by filing a written notice of appeal within thirty days after the date
sentence was imposed. See TEX. R. APP. P. 25.2(b), (c), 26.2(a). Thus, appellant’s notice of appeal
was due no later than July 8, 1999. Because his notice of appeal was filed after that date, we lack
jurisdiction over these appeals.
To the extent appellant is seeking out-of-time appeals, we note that only the Texas Court
of Criminal Appeals can grant an out-of-time appeal following a final conviction in a felony case.
See TEX. CODE CRIM. PROC. ANN. art. 11.07(3).
We dismiss these appeals for want of jurisdiction.
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
190357F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DAVID MICHAEL GORDON, Appellant On Appeal from the 203rd Judicial District
Court, Dallas County, Texas
No. 05-19-00357-CR V. Trial Court Cause No. F97-22970-P.
Opinion delivered by Justice Whitehill.
THE STATE OF TEXAS, Appellee Justices Molberg and Reichek participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered April 2, 2019
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DAVID MICHAEL GORDON, Appellant On Appeal from the 203rd Judicial District
Court, Dallas County, Texas
No. 05-19-00358-CR V. Trial Court Cause No. F98-02564-P.
Opinion delivered by Justice Whitehill.
THE STATE OF TEXAS, Appellee Justices Molberg and Reichek participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered April 2, 2019
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