Jennifer Ann Arndt v. State

DISMISS and Opinion Filed January 6, 2021

S In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-20-01072-CR

JENNIFER ANN ARNDT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 15th Judicial District Court Grayson County, Texas

Trial Court Cause No. 069897 MEMORANDUM OPINION

Before Chief Justice Burns, Justice Myers, and Justice Pedersen, III

Opinion by Chief Justice Burns

Jennifer Ann Arndt filed a pro se notice of appeal on December 4, 2020. After reviewing a copy of the judgment, we conclude we lack jurisdiction over the appeal.

A defendant perfects her 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). In the absence of a timely perfected notice of appeal, the Court must dismiss the appeal. Castillo v. State, 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 July 3, 2019, making appellant’s notice of appeal due on August 2, 2019. However, she filed her notice of appeal on December 4, 2020.

Because the notice of appeal is untimely, we lack jurisdiction and must dismiss this appeal.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 201072F.U05

S

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

JENNIFER ANN ARNDT, Appellant On Appeal from the 15th Judicial

District Court, Grayson County, No. 05-20-01072-CR V. Texas

Trial Court Cause No. 069897. THE STATE OF TEXAS, Appellee Opinion delivered by Chief Justice

Burns. Justices Myers and Pedersen, III participating.

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

Judgment entered January 6, 2021