Fabian Perez v. State

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-18-00441-CR
No. 07-18-00442-CR
FABIAN PEREZ, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 320th District Court
Potter County, Texas
Trial Court Nos. 72,134-D & 72-295-D, Honorable Don Emerson, Presiding
January 15, 2019
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PARKER, JJ.
Appellant Fabian Perez, appearing pro se, attempts to appeal his two convictions
for failure to register as a sex offender. We dismiss the appeals for want of jurisdiction.
Appellant’s sentences were imposed on February 5, 2018. Appellant did not file a
motion for new trial. Therefore, his notice of appeal was due within thirty days of
sentencing, by March 7, 2018. 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). Appellant filed his notice
of appeal for both convictions on December 18, 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 appeal for lack of
jurisdiction. Id. Because appellant’s notice of appeal was untimely filed, we have no
jurisdiction over the matters and must dismiss the appeals.
Accordingly, the appeals are 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Do not publish.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