Opinion
No. 05-20-00184-CR
02-27-2020
IGNACIO ZARATE-GARCIA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F19-75223-T
MEMORANDUM OPINION
Before Justices Partida-Kipness, Nowell, and Evans
Opinion by Justice Nowell
Ignacio Zarete-Garcia appeals his conviction for aggravated sexual assault of a child. Although the trial court imposed an agreed twenty-five-year sentence on September 26, 2019, appellant did not file his notice of appeal until January 24, 2020. Because appellant's notice of appeal is untimely, we dismiss the appeal for want of jurisdiction.
Appellant's notice of appeal reflects he executed it on January 24, 2020. It was postmarked on January 27, 2020, and it was received for filing on January 31, 2020. Because appellant is incarcerated, he is deemed to have filed his notice of appeal, under the "prisoner mailbox rule," when it was delivered to prison authorities for mailing, a date no earlier than January 24, 2020. See Campbell v. State, 320 S.W.3d 338, 342 (Tex. Crim. App. 2010) (explaining prisoner mailbox rule).
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). 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 must dismiss the appeal for want of jurisdiction. Id.
The judgment shows the trial court imposed appellant's sentence on September 26, 2019. The clerk's record does not show appellant filed a motion for new trial. Therefore, appellant's notice of appeal was due on Monday, October 28, 2019. See TEX. R. APP. P. 4.1(a), 26.2(a). Because appellant's notice of appeal is untimely, we must dismiss the appeal for want of jurisdiction. Castillo, 369 S.W.3d at 198.
We dismiss the appeal for want of jurisdiction.
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
200184F.U05
JUDGMENT
On Appeal from the 283rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F19-75223-T.
Opinion delivered by Justice Nowell. Justices Partida-Kipness and Evans participating.
Based on the Court's opinion of this date, we DISMISS the appeal. Judgment entered this 27th day of February, 2020.