Felix Rivera v. State ( 2015 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-15-00400-CR
FELIX RIVERA, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 391st District Court
Tom Green County, Texas
Trial Court No. D-12-0821-SB, Honorable Thomas J. Gossett, Presiding
December 4, 2015
MEMORANDUM OPINION
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Appellant, Felix Rivera, attempts to appeal the trial court’s order revoking his
deferred adjudication community supervision, adjudicating him guilty of the offense of
aggravated sexual assault of a child,1 and sentencing him to twenty years’
imprisonment. Because appellant’s notice of appeal was filed untimely, we dismiss for
want of jurisdiction.
1
TEX. PENAL CODE ANN. § 22.021(a)(2)(B) (West Supp. 2015).
To be timely, a notice of appeal must be filed within thirty days after sentence is
imposed or suspended in open court or within ninety days after that date if a motion for
new trial is timely filed. TEX. R. APP. P. 26.2(a). Appellant was sentenced in open court
on July 1, 2015, and timely filed a motion for new trial. Therefore, his notice of appeal
was due on September 29, 2015. However, appellant did not file a notice of appeal until
October 2, 2015, and his notice of appeal was not accompanied by a motion for
extension of time to file a notice of appeal. See TEX. R. APP. P. 26.3. By letter dated
October 30, 2015, this Court notified appellant that his notice of appeal appeared to
have been filed untimely and directed him to show, by November 23, 2015, why the
Court has jurisdiction. Appellant did not respond to the Court.
Because appellant’s notice of appeal was filed untimely, this Court is without
jurisdiction over this appeal. See Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim.
App. 2012); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). As such, we
have no authority to take any action other than to dismiss the appeal. See Slaton v.
State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo, 918 S.W.2d at 523.
Accordingly, we now dismiss the purported appeal for want of jurisdiction.2
Per Curiam
Do not publish.
2
Appellant may have recourse by filing a post-conviction writ of habeas corpus returnable to the
Texas Court of Criminal Appeals for consideration of an out-of-time appeal. See TEX. CODE CRIM. PROC.
ANN. art. 11.07 (West 2015).
2