WINNIE PIPELINE V. HARRINGTON NO. 07-04-0385-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

SEPTEMBER 8, 2004

______________________________



IN THE MATTER OF THE MARRIAGE OF CESLIE LYN HERNDON AND BRIAN JACK HERNDON AND IN THE INTEREST OF ALISSA KAYLYN HERNDON AND WILLIAM HENRY HERNDON, CHILDREN _________________________________

FROM THE 294th DISTRICT COURT OF VAN ZANDT COUNTY;

NO. 03-00798; HON. TERESA A. DRUM, PRESIDING

_______________________________

On Motion to Dismiss

_______________________________

Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.

Brian Jack Herndon, appellant, by and through his attorney, has filed a motion to dismiss this appeal because the parties have fully compromised and settled all issues in dispute and have agreed on a trial court judgment nunc pro tunc. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Per Curiam

r than to dismiss the appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998).

Appellant proceeded to trial and was found guilty by a jury. The sentences were imposed and judgments were entered on June 20, 2007. Appellant was required to give notice of appeal in each case within 30 days after the day sentences were imposed or within 90 days after the day sentences were imposed if appellant filed a motion for new trial. Tex. R. App. P. 26.2(a). Appellant filed a motion for new trial on June 20, 2007, making appellant's notice of appeals due on or before September 18, 2007. Appellant filed his notice of appeal in each case on October 9, 2007. Appellant's failure to file a timely notice of appeal prevents this court from having jurisdiction over his appeals. Slaton, 981 S.W.2d at 210. Consequently, the appeals are dismissed for want of jurisdiction. ⁽¹⁾

Mackey K. Hancock

Justice

Do not publish.

1. Appellant may be entitled to out-of-time appeals by filing a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2007). See also Mestas v. State, 214 S.W.3d 1, 1 (Tex.Crim.App. 2007); Reyes v. State, 883 S.W.2d 291, 293 n.2 (Tex.App.-El Paso 1994, no pet.).