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.
Per Curiam
Do not publish.