Ex Parte Venancio Garza Garcia

NUMBER 13-13-00624-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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EX PARTE VENANCIO GARZA GARCIA
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On appeal from the 389th District Court
of Hidalgo County, Texas.
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MEMORANDUM OPINION
Before Justices Garza, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Venancio Garza Garcia, attempted to perfect an appeal from an order
containing findings of fact and conclusions of law and denying relief in regards to an
application for post-conviction habeas relief from a probated sentence. We dismiss the
appeal for want of jurisdiction.
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). Absent
a timely filed notice of appeal, a court of appeals does not have jurisdiction to address the
merits of the appeal 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).
The order appealed was entered on June 28, 2012. Appellant filed his notice of
appeal on October 22, 2013. On April 15, 2014, the Clerk of this Court notified appellant
that it appeared that the appeal was not timely perfected and 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 filed a response to the Court’s directive.
Unless a motion for new trial has been timely filed, a notice of appeal must be filed
within thirty days after the day sentence is imposed or suspended in open court, or after
the day the trial court enters an appealable order. TEX. R. APP. P. 26.2(a)(1). Where a
timely motion for new trial has been filed, the notice of appeal must be filed within ninety
days after the day sentence is imposed or suspended in open court. See id. 26.2(a)(2).
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.
Appellant’s notice of appeal, filed more than fifteen months after the order was
entered, was untimely, and accordingly, we lack jurisdiction over the appeal. See
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Slaton, 981 S.W.2d at 210. The appeal is DISMISSED FOR WANT OF JURISDICTION.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
22nd day of May, 2014.
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