DISMISS and Opinion Filed June 7, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00405-CR
RONALD ANDERSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 5
Dallas County, Texas
Trial Court Cause No. F19-75344-L
MEMORANDUM OPINION
Before Justices Molberg, Goldstein, and Smith
Opinion by Justice Goldstein
Ronald Anderson was charged with failure to register as a sex offender. The
trial court placed appellant on deferred adjudication but the State subsequently filed
a motion to proceed with adjudication, alleging he violated certain conditions of his
community supervision. On February 4, 2021, the trial court found the allegations
in the State’s motion were true, found appellant guilty of the charged offense, and
assessed punishment at five years in prison. On May 14, 2021, appellant signed his
“Motion of Appeal” which was filed on May 28, 2021. For the reason that follows,
we dismiss this appeal.
A timely filed notice of appeal is required to invoke this Court’s jurisdiction.
Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In the absence of a
timely filed notice of appeal, we have no option other than to dismiss the appeal. Id.
A defendant perfects an appeal by filing with the trial court clerk, 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, a written notice of appeal showing his
desire to appeal. See TEX. R. APP. P. 25.2(b), (c), 26.2(a). Under the prisoner mailbox
rule, if a pro se inmate timely delivers a document to prison authorities for
forwarding to the court clerk, the document is deemed filed when placed with prison
officials for mailing. Campbell v. State, 320 S.W.3d 338, 344 (Tex. Crim. App.
2010).
The trial court entered judgment on February 4, 2021. Because there was no
timely filed motion for new trial, appellant’s notice of appeal was due on March 8,
2021. See TEX. R. APP. P. 26.2(a). Appellant’s May 14, 2021 pro se notice of appeal
was untimely, and as a result, we lack jurisdiction over this appeal.
We dismiss this appeal for want of jurisdiction.
/Bonnie Lee Goldstein/
BONNIE LEE GOLDSTEIN
Do Not Publish JUSTICE
TEX. R. APP. P. 47.2(b)
210405F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
RONALD ANDERSON, Appellant On Appeal from the Criminal District
Court No. 5, Dallas County, Texas
No. 05-21-00405-CR V. Trial Court Cause No. F19-75344-L.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Goldstein. Justices Molberg and
Smith participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want
of jurisdiction.
Judgment entered June 7, 2021
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