Jason Omar Moreno v. the State of Texas ( 2022 )

NUMBER 13-21-00391-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
JASON OMAR MORENO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 92nd District Court
of Hidalgo County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Hinojosa, Tijerina, and Silva
Memorandum Opinion by Justice Silva
This cause is before the Court on Appellant’s Motion for New Appeal and Motion
for Appointment of Counsel. We previously reviewed and affirmed the convictions which
appellant is attempting to appeal. See Moreno v. State, 987 S.W.2d 195 (Tex. App.—
Corpus Christi–Edinburg 1999, pet. ref’d).
On November 12, 2021, the Clerk of this Court notified appellant that it appeared
the appeal was not timely perfected in this matter. Appellant was further informed the
appeal would be dismissed if the defect was not corrected within ten days from the date
of receipt of the Court’s directive. In response, appellant filed a motion for new appeal
which does not cure the defect, as the notice of appeal is more than twenty years late.
This Court's appellate jurisdiction in a criminal case is invoked by a timely filed
notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent a
timely filed notice of appeal, a court of appeals does not obtain jurisdiction to address the
merits of the appeal in a criminal case and can take no action other than to dismiss the
appeal for want of jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.
1998). Appellant may be entitled to an out-of-time appeal by filing a post-conviction writ
of habeas corpus returnable to the Texas Court of Criminal Appeals; however, the
availability of that remedy is beyond the jurisdiction of this Court. See TEX. CODE CRIM.
PROC. ANN. art. 11.07, § 3(a); see also Ex parte Garcia, 988 S.W.2d 240 (Tex. Crim. App.
1999).
Accordingly, appellant’s motion for a new appeal and motion for appointment of
counsel are dismissed for want of jurisdiction, and this appeal is dismissed for lack of
jurisdiction.
CLARISSA SILVA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
3rd day of February, 2022.
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