Eva Marie Hendrix v. State

NUMBER 13-19-00288-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
EVA MARIE HENDRIX, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the County Court at Law
of Navarro County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Benavides, Hinojosa, and Perkes
Memorandum Opinion by Justice Hinojosa
Appellant, Eva Maria Hendrix, attempted to perfect an appeal from a conviction for
forgery. 1 We dismiss the appeal for want of jurisdiction.
1 This case is before the Court on transfer from the Ninth Court of Appeals in Beaumont pursuant
to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. §
73.001.
Sentence in this matter was imposed on December 19, 2018. No motion for new
trial was filed. Notice of appeal was filed on April 17, 2019. On June 26, 2019, the Clerk
of this Court notified appellant that it appeared that the appeal was not timely perfected.
Appellant was advised that the appeal would be dismissed if the defect was not corrected
within ten days from the date of receipt of the Court’s directive. Appellant has not
responded to this notice.
Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when
notice of appeal is filed within thirty days after the day sentence is imposed or suspended
in open court unless a motion for new trial is timely filed. TEX. R. APP. P. 26.2(a)(1). The
time within which to file the notice may be enlarged if, within fifteen days after the deadline
for filing the notice, the party files the notice of appeal and a motion complying with Rule
10.5(b) of the Texas Rules of Appellate Procedure. See id. 26.3.
This Court's appellate jurisdiction in a criminal case is invoked by a timely filed
notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). “When
a notice of appeal is filed within the fifteen-day period but no timely motion for extension
of time is filed, the appellate court lacks jurisdiction.” Olivo, 918 S.W.2d at 522. Absent
a timely filed notice of appeal, a court of appeals does not obtain 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. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.
1998).
2
Appellant’s notice of appeal, filed more than three months after sentence was
imposed, was untimely, and accordingly, we lack jurisdiction over the appeal. See
Slaton, 981 S.W.2d at 210.
Appellant may be entitled to an out-of-time appeal by filing a post-conviction writ
of habeas corpus returnable to the Texas Court of Criminal Appeals; however, the
availability of that remedy is beyond the jurisdiction of this Court. See TEX. CODE CRIM.
PROC. ANN. art. 11.07, § 3(a); see also Ex parte Garcia, 988 S.W.2d 240 (Tex. Crim. App.
1999).
The appeal is DISMISSED FOR WANT OF JURISDICTION.
LETICIA HINOJOSA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
22nd day of August, 2019.
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