Carlos I. Morin v. State ( 2012 )

NO. 07-12-0225-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JUNE 19, 2012
______________________________
CARLOS I. MORIN,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 137th DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2007-418,394; HON. CECIL PURYEAR, PRESIDING
_______________________________
Order of Dismissal
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Carlos I. Morin, appellant, attempts to appeal from his conviction for assault. The
trial court pronounced sentence and signed the judgment in October of 2008. Appellant
did not file his notice of appeal until June 1, 2012. 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). Therefore, the deadline for perfecting an
appeal here lapsed several years ago.
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 notice being
untimely filed, we have no jurisdiction over the matter and dismiss the appeal.
Accordingly, appellant’s appeal is dismissed.1
Per Curiam
Do not publish.
1
The appropriate vehicle for seeking a belated 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 (Vernon 2005).
2