Millsap, Brian v. Show Trucks USA, Inc. ( 1999 )

BRIAN MILLSAP V. SHOW TRUCKS USA, INC.



NO. 07-99-0223-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

AUGUST 30, 1999 ______________________________

BRIAN MILLSAP,

Appellant

V.

SHOW TRUCKS USA, INC.,

Appellee _________________________________

FROM THE 86TH DISTRICT COURT OF KAUFMAN COUNTY;

NO. 53435; HON. GLEN M. ASHWORTH, PRESIDING _______________________________

BOYD, C.J., and QUINN and REAVIS, JJ.

Following appellant's failure to timely file a brief in this cause, we notified him on July 21, 1999 that his appeal would be dismissed, pursuant to Texas Rule of Appellate Procedure 42.3, unless he responded within ten days and showed good cause for continuing the appeal. Because of a clerical error in the July 21 notice, we again notified appellant to show good cause as to why the appeal should not be dismissed. Appellant's

response was due August 13, 1999. To date, appellant has failed to respond. We accordingly dismiss this appeal for want of prosecution pursuant to Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b) and (c).

Brian Quinn

Justice

Do not publish.

                                                            NO. 07-11-0224-CR

                                                   IN THE COURT OF APPEALS

                                       FOR THE SEVENTH DISTRICT OF TEXAS

                                                                 AT AMARILLO

                                                                      PANEL B

                                                                 JUNE 17, 2011

                                            ______________________________

                                                           EARNEST MANLEY,

Appellant

                                                                             v.

                                                        THE STATE OF TEXAS,

Appellee

                                         _________________________________

                     FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;

                            NO. 98-427550; HON. JIM BOB DARNELL, PRESIDING

                                           _______________________________

                                                             Order of Dismissal

                                           _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Earnest Manley, appellant, attempts to appeal his conviction for aggravated robbery.  The court imposed sentence on November 6, 1998.  His notice of appeal was filed on May 6, 2011. We dismiss for want of jurisdiction.

To be timely, a notice of appeal must be filed within thirty days after the sentence is imposed or suspended in open court or within ninety days after that date if a motion for new trial is filed.  Tex. R. App. P. 26.2(a).  Therefore, the notice of appeal was due on December 7, 1998. 

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. Appellant's notice being untimely filed, we have no jurisdiction over the matter and dismiss the appeal.

Accordingly, appellant=s appeal is dismissed.^[1]

Brian Quinn

       Chief Justice

Do not publish.

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^[1]The appropriate vehicle for seeking an out‑of‑time appeal from a final felony conviction is by writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal Procedure.  See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005).