Shannon M. Hayes v. State ( 2004 )

NO. 07-04-0049-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
FEBRUARY 23, 2004
______________________________
SHANNON HAYES, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2003-401754; HONORABLE JIM BOB DARNELL, JUDGE
_______________________________
Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.
MEMORANDUM OPINION
Shannon M. Hayes, appellant, pleaded guilty to the offense of burglary of a
habitation and on March 5, 2003, the trial court sentenced him to five years confinement
in the Institutional Division of the Texas Department of Criminal Justice. The court
suspended his sentence and placed him on community supervision. He filed a pro se
notice of appeal with this court on February 9, 2004.
Our appellate jurisdiction over a criminal appeal is triggered through a timely notice
of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). In the absence of
a notice of appeal timely filed in compliance with the requirements of Rule of Appellate
Procedure 26, 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. Slaton
v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998). As applicable here, Rule of Appellate
Procedure 26.2(a) requires a notice of appeal in a criminal case be filed within 30 days after
the day sentence is imposed or suspended in open court, or within 90 days after imposition
of the sentence if a timely motion for new trial is filed.
Here, the court imposed and then suspended Hayes’ sentence on March 5, 2003.
The record before us does not indicate whether he filed a motion for new trial. In any event,
his notice of appeal, filed over ten months later, was untimely. Appellant’s failure to file a
timely notice of appeal prevents this court from having jurisdiction over his appeal.
Consequently, the appeal is dismissed for want of jurisdiction.
James T. Campbell
Justice
Do not publish.
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