Reynaldo Cuevas, Jr. A/K/A Reynaldo Cuevas v. State ( 2015 )

NUMBER 13-15-00143-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
REYNALDO CUEVAS JR.
A/K/A REYNALDO CUEVAS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 404th District Court
of Cameron County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Garza, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Reynaldo Cuevas Jr. a/k/a Reynaldo Cuevas, attempted to perfect an
appeal from a conviction for possession of a controlled substance. We dismiss the
appeal for want of jurisdiction.
Sentence in this matter was imposed on December 11, 2014, a motion for new trial
was filed on December 22, 2014, and notice of appeal was filed on March 27, 2015. On
March 30, 2015, the Clerk of this Court notified appellant that it appeared that the appeal
was not timely perfected and that the appeal would be dismissed if the defect was not
corrected within ten days from the date of receipt of the Court’s directive. Appellant has
not filed a response to the Court’s directive.
Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when
notice of appeal is filed within thirty days after the day sentence is imposed or suspended
in open court unless a motion for new trial is timely filed. TEX. R. APP. P. 26.2(a)(1).
Where a timely motion for new trial has been filed, notice of appeal shall be filed within
ninety days after the sentence is imposed or suspended in open court. TEX. R. APP. P.
26.2(a)(2). The time within which to file the notice may be enlarged if, within fifteen days
after the deadline for filing the notice, the party files the notice of appeal and a motion
complying with Rule 10.5(b) of the Texas Rules of Appellate Procedure. See TEX. R.
APP. P. 26.3.
Appellant timely filed a motion for new trial. Therefore, his notice of appeal was
due to have been filed on or before March 11, 2015. See TEX. R. APP. P. 26.2(a)(2).
Within the fifteen day time period, appellant did not file a motion for extension of time to
file his notice of appeal and did not file his notice of appeal.
This Court's appellate jurisdiction in a criminal case is invoked by a timely filed
notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent
a timely filed notice of appeal, a court of appeals does not obtain jurisdiction to address
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the merits of the appeal in a criminal case and can take no action other than to dismiss
the appeal for want of jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.
1998). 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; however, the
availability of that remedy is beyond the jurisdiction of this Court. See TEX. CODE CRIM.
PROC. ANN. art. 11.07, § 3(a) (Vernon 2005); see also Ex parte Garcia, 988 S.W.2d 240
(Tex. Crim. App. 1999).
The appeal is DISMISSED FOR WANT OF JURISDICTION.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
14th day of May, 2015.
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