B.J. Allen Galloway v. State ( 2014 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
Nos. 07-14-00325-CR
07-14-00326-CR
07-14-00327-CR
07-14-00328-CR
07-14-00329-CR
07-14-00330-CR
B.J. ALLEN GALLOWAY, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 108th District Court
Potter County, Texas
Trial Court Nos. 66223-E, 66224-E, 66255-E, 66256-E, 66257-E, 66258-E,
Honorable Douglas Woodburn, Presiding
September 18, 2014
MEMORANDUM OPINION
Before QUINN, C.J., and HANCOCK, J., and BOYD, S.J.1
B.J. Allen Galloway, appellant, attempts to appeal from his convictions for
possession of a controlled substance (two charges), delivery of marihuana (three
charges), and possession of marihuana. The trial court pronounced sentence on April
1
Senior Justice John T. Boyd, sitting by assignment.
1, 2013 in all causes. Appellant did not file his notice of appeal with this Court until
September 4, 2014. On September 5, 2014, this Court notified appellant of the untimely
notice of appeal and gave him until September 15, 2014 to file a response, if any. 2
Appellant filed a response but failed to address the jurisdictional issue. 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). Appellant did not file a motion for new trial;
therefore, the deadline for perfecting an appeal here lapsed in May of 2013.
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 notices
being untimely filed, we have no jurisdiction over the matters and dismiss the appeals.
Accordingly, appellant’s appeals are dismissed.
Per Curiam
Do not publish.
2
Furthermore, the trial court certification regarding the right to appeal shows that appellant has
no right to appeal because the convictions were the result of a plea bargain and appellant waived the
right to appeal.
2