Autry Madison Campos-Dowd v. State

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-21-00053-CR
AUTRY MADISON CAMPOS-DOWD, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 47th District Court
Randall County, Texas
Trial Court No. 29,545-A, Honorable Dan L. Schaap, Presiding
April 15, 2021
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and DOSS, JJ.
Appellant, Autry Madison Campos-Dowd, attempts to appeal the trial court’s
judgment adjudicating her guilty of the offense of assault on a family or household
member. We dismiss the appeal for want of jurisdiction.
Appellant was sentenced on November 2, 2020. Because appellant did not file a
motion for new trial, her notice of appeal was due within thirty days after sentence was
imposed, i.e., by December 2, 2020. See TEX. R. APP. P. 26.2(a)(1). Appellant filed a
notice of appeal on March 19, 2021.
The timely filing of a written notice of appeal is a jurisdictional prerequisite to
hearing an appeal. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). If a
notice of appeal is not timely filed, an appellate court has no option but to dismiss the
appeal for want of jurisdiction. Id.The State has filed a motion to dismiss the untimely appeal. In response, appellant
states that she mistakenly failed to include this cause in her notice of appeal filed in a
separate case and requests permission to file an out-of-time appeal. This court has no
authority to grant her request, however. That authority rests with the Court of Criminal
Appeals through application for writ of habeas corpus. See TEX. CODE CRIM. PROC. ANN.
art. 11.07 (West 2015).
Accordingly, we grant the State’s motion and dismiss this appeal for want of
jurisdiction.
Per Curiam
Do not publish.