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NO. 07-08-0221-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JUNE 6, 2008
______________________________
BARRY DWAYNE MINNFEE,
                                                                                                 Appellant
v.
THE STATE OF TEXAS,
                                                                                                 Appellee
_________________________________
FROM THE 251ST DISTRICT COURT OF POTTER COUNTY;
NO. 43,519-C; HON. ANA ESTEVEZ, PRESIDING
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
          Barry Dwayne Minnfee attempts to appeal his conviction of burglary of a habitation. Sentence was imposed on January 28, 2002. However, notice of appeal was not filed until May 16, 2008. We dismiss for want of jurisdiction.
          To be timely, a notice of appeal must be filed within 30 days after the sentence is imposed or suspended in open court or within 90 days after that date if a motion for new trial is filed. Tex. R. App. P. 26.2(a). Appellantâs notice of appeal was clearly filed after the appropriate deadline.
          A timely filed notice of appeal is essential to invoke our appellate jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). If it is untimely, we can take no action other than to dismiss the proceeding. Id. at 523. Appellantâs notice being untimely filed, we have no jurisdiction over the matter and dismiss the appeal.
          Accordingly, appellantâs appeal is dismissed.
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                                                                           Brian Quinn
                                                                          Chief Justice
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Do not publish.
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NO. 07-10-0391-CR
NO. 07-10-0392-CR
                                                     NO. 07-10-0393-CR
                                                     NO. 07-10-0394-CR
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                                                  IN THE COURT OF APPEALS
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                                      FOR THE SEVENTH DISTRICT OF TEXAS
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                                                                AT AMARILLO
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                                                                     PANEL B
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                                                            OCTOBER 6, 2010
                                           ______________________________
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                                                         RICARDO CAVAZOS,
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Appellant
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                                                                            v.
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                                                       THE STATE OF TEXAS,
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Appellee
                                        _________________________________
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                      FROM THE 251ST DISTRICT COURT OF POTTER COUNTY;
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NOS. 51,006-C; 51,007-C, 51,008-C, 51,009-C;
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HON. PATRICK A. PIRTLE, PRESIDING
_______________________________
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Memorandum OpinionÂ
_______________________________
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Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Ricardo Cavazos (appellant) filed a document called a Âmotion for out of time appeal. In it, he informs us of his intent to appeal his conviction in various causes of action. However, he also acknowledges that the period in which to perfect a timely appeal lapsed long ago. Thus, we treat his Âmotion as a notice of appeal and dismiss the appeals for want of jurisdiction.Â
According to the information before us, the trial court sentenced appellant on March 8, 2006. At that point, he allegedly told the court that he wanted to appeal. However, no notice of appeal was filed within the time necessary to effectively effectuate his desire. Instead, we received the aforementioned Âmotion on September 15, 2010.Â
It is beyond dispute that a timely notice of appeal is necessary to invoke our jurisdiction. State v. Riewe, 13 S.W.3d 408, 410 (Tex. Crim. App. 2000); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). To be timely, the notice must be filed within thirty days after sentence was pronounced in open court, unless a timely motion for new trial was filed. Tex. R. App. P. 26.2. Irrespective of whether a motion for new trial actually was filed and denied here, a notice tendered more than four years after the trial court sentenced appellant in open court is untimely. So, we have no jurisdiction over the matter. State v. Riewe, supra.
Accordingly, the appeal is dismissed for want of jurisdiction. However, an appellant may petition the Texas Court of Criminal Appeals under article 11.07 of the Code of Criminal Procedure for leave to initiate a belated appeal, as the petitioner apparently did in Ex parte Garcia, 988 S.W.2d 240 (Tex. Crim. App. 1999).
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                                                                       Brian Quinn
                                                                       Chief Justice
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Do not publish.
Document Info
Docket Number: 07-08-00221-CR
Filed Date: 6/6/2008
Precedential Status: Precedential
Modified Date: 10/19/2018