Court of Civil Appeals of Texas, 2018

Donald Clark Cunningham v. State

Donald Clark Cunningham v. State
Court of Civil Appeals of Texas · Decided June 21, 2018

Donald Clark Cunningham v. State

Opinion

DISMISS; and Opinion Filed June 21, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00678-CR DONALD CLARK CUNNINGHAM, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F17-00216-R MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Schenck Opinion by Justice Schenck On February 23, 2018, the trial court granted the State’s motion to adjudicate guilt and found Donald Clark Cunningham guilty of aggravated assault causing serious bodily, assessing a twenty-year sentence. That same day, appellant entered an open plea of guilty to aggravated sexual assault of a child younger than six years of age. The trial court found appellant guilty and assessed punishment at confinement for life. Appellant filed a timely notice of appeal in the aggravated sexual assault case, but did not file a notice of appeal in the aggravated assault case until June 7, 2018. For the reasons that follow, we dismiss this appeal.

To challenge his conviction for aggravated assault, appellant had to file his notice of appeal with the trial court clerk within thirty days of the date sentence was imposed, that is, by March 25, 2018. See TEX. R. APP. P. 26.2(a)(1). Appellant’s notice of appeal was filed June 7, 2018, one hundred four days after the trial court’s judgment, leaving us without jurisdiction over the appeal.

See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam).

We dismiss this appeal for want of jurisdiction.

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 180678F.U05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT DONALD CLARK CUNNINGHAM, On Appeal from the 265th Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. F17-00216-R. No. 05-18-00678-CR V. Opinion delivered by Justice Schenck, Justices Lang-Miers and Evans THE STATE OF TEXAS, Appellee participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

Judgment entered this 21st day of June, 2018.

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