Miguel Angel Ontiveros v. State

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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MIGUEL ANGEL ONTIVEROS, No. 08-18-00197-CR
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Appellant, Appeal from the
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v. 243rd District Court
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THE STATE OF TEXAS, of El Paso County, Texas
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Appellee. (TC# 20180D00096)
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MEMORANDUM OPINION
Miguel Angel Ontiveros is attempting to appeal his conviction of murder. Finding that
Appellant did not timely file his notice of appeal, we dismiss the appeal for lack of jurisdiction.
A timely notice of appeal is necessary to invoke this Court’s jurisdiction. Olivo v. State,
918 S.W.2d 519, 522 (Tex.Crim.App. 1996). In a criminal case, a defendant’s notice of appeal is
due within thirty days after the sentence is imposed in open court or the trial court enters an
appealable order. See TEX.R.APP.P. 26.2(a)(1). The judgment recites that sentence was imposed
in open court on April 18, 2018. In a criminal case, the appellate timetable begins to run on the
date sentenced is imposed in open court. See TEX.R.APP.P. 26.2(a)(1). Appellant’s notice of
appeal was due to be filed no later than May 18, 2018. Appellant did not file his notice of appeal
until November 13, 2018. In the absence of a timely filed notice of appeal, a court of appeals does
not have jurisdiction to address the merits of the appeal in a criminal case and can take no action
other than to dismiss the appeal for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210
(Tex.Crim.App. 1998). Accordingly, we dismiss the appeal for lack of jurisdiction.
GINA M. PALAFOX, Justice
November 30, 2018
Before McClure, C.J., Rodriguez, and Palafox, JJ.
(Do Not Publish)
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