Gerald Adrian Knudsen v. The State of Texas Appeal from 363rd Judicial District Court of Dallas County (memorandum opinion)
Annotate this Case
Download PDF
DISMISS; and Opinion Filed December 27, 2017. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01381-CR GERALD ADRIAN KNUDSEN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause No. F-1424011-W MEMORANDUM OPINION Before Justices Bridges, Myers, and Schenck Opinion by Justice Schenck Gerald Adrian Knudsen was charged with aggravated sexual assault of a child younger than fourteen years of age. On December 16, 2015, the trial court placed appellant on deferred adjudication for eight years. Thereafter, the State filed a motion to proceed with adjudication of guilt. On March 20, 2017, the trial court found appellant guilty and sentenced him to six years’ imprisonment. Appellant filed a pro se notice of appeal on November 30, 2017. A timely perfected notice of appeal is required to invoke this Court’s jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam). In the absence of a timely perfected notice of appeal, the Court can take no action other than to dismiss the appeal. Id. A defendant perfects his 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 or her desire to appeal. See TEX. R. APP. P. 25.2(b), (c), 26.2(a). Because appellant did not file a motion for a new trial, his notice of appeal was due by April 19, 2017. Appellant, however, filed his notice of appeal on November 30, 2017, outside the time contemplated by rule 26.2. Appellant’s untimely notice of appeal leaves us without jurisdiction over the appeal. See Slaton, 981 S.W.2d at 210. We dismiss the appeal for want of jurisdiction. /David J. Schenck/ DAVID J. SCHENCK JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 171381F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT GERALD ADRIAN KNUDSEN, Appellant No. 05-17-01381-CR On Appeal from the 363rd Judicial District Court, Dallas County, Texas Trial Court Cause No. F-1424011-W. Opinion delivered by Justice Schenck. Justices Bridges and Myers participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS the appeal. Judgment entered this 27th day of December, 2017. –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.
