Trevon Montel Monroe v. The State of Texas Appeal from 108th District Court of Potter County (memorandum opinion per curiam)
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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-20-00272-CR TREVON MONROE, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 108th District Court Potter County, Texas Trial Court No. 69,559-E, Honorable Douglas R. Woodburn, Presiding November 13, 2020 MEMORANDUM OPINION Before QUINN, C.J., and PIRTLE and PARKER, JJ. On October 16, 2020, appellant Trevon Monroe filed a notice of appeal, pro se. We dismiss the appeal for want of jurisdiction. Appellant filed his notice of appeal with the Potter County District Clerk. Two purported cause numbers appeared on or in the document. One was “69,559-E” and the other, “2:19-CR-00091-2-BR.” The District Clerk notified this court that cause “2:19-CR00091-2-BR” does not exist in the clerk’s records; indications are that it pertains to a federal criminal prosecution. Regarding 69,559-E, that proceeding resulted in an order deferring the adjudication of appellant's guilt for burglarizing a habitation and placing him on community supervision; said order was signed in March of 2015. The timely filing of a written notice of appeal is a jurisdictional prerequisite to hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In a criminal case, a notice of appeal must be filed within thirty days after sentence is imposed or the trial court enters an appealable order, or within ninety days if the defendant timely files a motion for new trial. TEX. R. APP. P. 26.2(a). If a notice of appeal is not timely filed, an appellate court has no option but to dismiss the appeal for want of jurisdiction. Castillo, 369 S.W.3d at 198. To the extent that appellant tries to appeal cause number “2:19-CR-00091-2-BR," we reiterate that the district clerk informed us that she had no record of such a criminal proceeding. Without the existence of such a criminal proceeding, there is neither a sentence nor order from which to perfect an appeal. And, assuming that the cause number may concern a federal criminal prosecution, we have no appellate jurisdiction over those matters. As for cause number "69,559-E," appellant did not file a notice of appeal until October 16, 2020. The five-year lapse between March of 2015 (the date of the order deferring the adjudication of guilt) and October of 2020 renders his notice of appeal untimely. By letter dated October 20, 2020, this court notified appellant of the untimely notice of appeal and directed him to illustrate, by October 30, 2020, why we had jurisdiction over the appeal. To date, he has not responded. 2 Accordingly, we dismiss this appeal for want of jurisdiction. Per Curiam Do not publish. 3
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