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Clarence Lamount Wesley v. State ( 2009 )


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  •                                      NO. 07-09-0218-CR
    IN THE COURT OF APPEALS
    FOR THE SEVENTH DISTRICT OF TEXAS
    AT AMARILLO
    PANEL A
    AUGUST 5, 2009
    ______________________________
    CLARENCE LAMOUNT WESLEY, APPELLANT
    V.
    THE STATE OF TEXAS, APPELLEE
    _________________________________
    FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;
    NO. 59619-D; HONORABLE DON EMERSON, JUDGE
    _______________________________
    Before CAMPBELL and HANCOCK and PIRTLE, JJ.
    MEMORANDUM OPINION
    Appellant, Clarence Lamount Wesley, appeals his conviction for the offense of
    Hindering Apprehension or Prosecution, and sentence of 25 years confinement in the
    Institutional Division of the Texas Department of Criminal Justice. We will dismiss the
    appeal for want of jurisdiction.
    A timely notice of appeal is necessary to invoke a court of appeal’s jurisdiction.
    Olivo v. State, 
    918 S.W.2d 519
    , 522 (Tex.Crim.App. 1996). In the absence of a notice of
    appea that wasl timely filed, in compliance with the requirements of the Texas Rules of
    Appellate Procedure, 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).
    From the docketing statement, it would appear sentence was imposed on May 4,
    2009. Appellant was required to give notice of appeal within 30 days after the day
    sentence was imposed or within 90 days after the day sentence was imposed if appellant
    filed a motion for new trial. TEX . R. APP. P. 26.2(a). There is no indication that appellant
    filed a motion for new trial, making appellant’s notice of appeal due on or before June 3.
    Appellant filed his notice of appeal on June 30. Appellant’s failure to file a timely notice of
    appeal prevents this court from having jurisdiction over his appeal. 
    Slaton, 981 S.W.2d at 210
    . Consequently, the appeal is dismissed for want of jurisdiction.1
    Mackey K. Hancock
    Justice
    Do not publish.
    1
    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. See TEX . CODE CRIM .
    PROC . ANN . art. 11.07, § 3 (Vernon Supp. 2008). See also Mestas v. State, 
    214 S.W.3d 1
    , 1 (Tex.Crim.App. 2007); Reyes v. State, 
    883 S.W.2d 291
    , 293 n.2 (Tex.App.–El Paso
    1994, no pet.).
    2
    

Document Info

Docket Number: 07-09-00218-CR

Filed Date: 8/5/2009

Precedential Status: Precedential

Modified Date: 9/9/2015