Armando Anaya v. State

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-18-00376-CR
ARMANDO ANAYA, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 140th District Court
Lubbock County, Texas
Trial Court No. 2013-439,055, Honorable Jim Bob Darnell, Presiding
November 2, 2018
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
Appellant Armando Anaya attempts to appeal his conviction for aggravated assault
and sentence to twenty years’ imprisonment. We dismiss the appeal for want of
jurisdiction.
Appellant’s sentence was imposed on July 18, 2013. Because appellant did not
file a motion for new trial, his notice of appeal was due within thirty days, by August 19,
2013. See TEX. R. APP. P. 26.2(a)(1) (requiring a notice of appeal to be filed within thirty
days after the day sentence is imposed), 4.1(a). Appellant did not file a notice of appeal
until October 11, 2018.
A timely notice of appeal is required to invoke this court’s appellate jurisdiction.
Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). If the notice is untimely,
a court of appeals can take no action other than to dismiss the proceeding for lack of
jurisdiction. Id. Because appellant’s notice of appeal was untimely filed, we have no
jurisdiction over the matter and must dismiss the appeal.
Accordingly, the appeal is dismissed for want of jurisdiction.1
Per Curiam
Do not publish.
1The appropriate vehicle for seeking an out-of-time appeal from a final felony conviction is by writ
of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure.
2