Christopher Randy Perez v. The State of Texas Appeal from 296th Judicial District Court of Collin County (memorandum opinion )
Annotate this Case
Download PDF
Dismiss and Opinion Filed April 16, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00474-CR CHRISTOPHER RANDY PEREZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-80748-2014 MEMORANDUM OPINION Before Chief Justice Wright, Justice Brown, and Justice Stoddart Opinion by Justice Stoddart Christopher Randy Perez was convicted of aggravated assault with a deadly weapon and sentenced to ten years’ imprisonment. Sentence was imposed in open court on August 21, 2014. In his notice of appeal, appellant recognizes that he pleaded guilty pursuant to plea agreement, but believes he should be able to appeal because his conviction was based on ineffective assistance of counsel. 1 We dismiss the appeal for want of jurisdiction. Appellant did not timely file a motion for new trial; therefore, his notice of appeal was due by Monday, September 22, 2014. See TEX. R. APP. P. 4.1(a), 26.2(a)(a). Appellant’s April 14, 2015 notice of appeal is untimely as to his August 21, 2014 sentencing date. Nothing in the notice of appeal indicates appellant was granted an out-of-time appeal by the Texas Court of 1 This is appellant’s second appeal from the same conviction. The first appeal was dismissed for want of jurisdiction on February 12, 2015. Perez v. State, No. 05-15-00149-CR (Tex App.-––Dallas Feb. 12, 2015, no pet.). Criminal Appeals, and this Court has no authority to grant appellant an out-of-time appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). We dismiss the appeal for want of jurisdiction. / Craig Stoddart/ CRAIG STODDART JUSTICE Do Not Publish TEX. R. APP. P. 47 150474F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT CHRISTOPHER RANDY PEREZ, Appellant No. 05-15-00474-CR On Appeal from the 296th Judicial District Court, Collin County, Texas Trial Court Cause No. 296-80748-2014. Opinion delivered by Justice Stoddart, Chief Justice Wright and Justice Brown participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 16th day of April, 2015. –3–
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
