Stetson Ketchersid v. the State of Texas ( 2022 )

NUMBER 13-21-00340-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ____________________________________________________________ STETSON KETCHERSID, Appellant, v. THE STATE OF TEXAS, Appellee. ____________________________________________________________ On appeal from the 424th District Court of Burnet County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Hinojosa, Tijerina, and Silva Memorandum Opinion by Justice Hinojosa Appellant attempted to perfect an appeal from convictions of three counts of aggravated sexual assault of a child. 1 We dismiss the appeal for want of jurisdiction. 1 This case is before the Court on transfer from the Third Court of Appeals pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001. Sentence in this matter was imposed with a judgment of conviction on July 29, 2021. On September 10, 2021 and September 24, 2021, notices of appeal were filed. On October 12, 2021, the Clerk of the Court notified appellant that it appeared the appeal was not timely perfected. Appellant was advised the appeal would be dismissed if the defect was not corrected within ten days from the date of receipt of the notice. 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). Therefore, this matter is reinstated, and the appeal is dismissed for want of jurisdiction. LETICIA HINOJOSA Justice Do not publish. TEX. R. APP. P. 47.2(b). Delivered and filed on the 24th day of February, 2022. 2