Rocky Rodriguez v. State ( 2015 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-15-00242-CR
ROCKY RODRIGUEZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 137th District Court
Lubbock County, Texas
Trial Court No. 2007-415,693, Honorable John J. "Trey" McClendon III, Presiding
July 17, 2015
MEMORANDUM OPINION
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
Rocky Rodriguez, appellant, attempts to appeal his convictions for aggravated
assault with a deadly weapon. The convictions were rendered on May 16, 2007, while
his notice of appeal was filed on May 19, 2015. We dismiss for want of jurisdiction.
To be timely, a notice of appeal must be filed within thirty days after the day the
sentence is imposed or suspended in open court, or after the day the trial court enters
an appealable order; or within ninety days after the day sentence is imposed or
suspended in open court if a motion for new trial is filed. TEX. R. APP. P. 26.2(a). The
judgments were entered in this cause on February 29, 2008. Appellant’s May 2015
notice of appeal fell years beyond that 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, the Court
can take no action other than to dismiss the proceeding. Id. at 523. Because appellant's
notice of appeal was untimely filed, we have no jurisdiction over the matter and dismiss
the appeal. Accordingly, the appeal is dismissed.1
Per Curiam
Do not publish.
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 (West Supp. 2013).
2