David Allen Gilg, III v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00641-CR
NO. 03-18-00642-CR
David Allen Gilg, III, Appellant
v.
The State of Texas, Appellee
FROM THE 426TH DISTRICT COURT OF BELL COUNTY,
NOS. 75679 & 70594, THE HONORABLE FANCY H. JEZEK, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant David Allen Gilg, III seeks to appeal a judgment of conviction for
arson (vehicle) and a judgment revoking community supervision for theft over $100,000 but less
than $200,000. See Tex. Penal Code §§ 28.02(a), 31.03. This Court’s appellate jurisdiction in a
criminal case is invoked by a timely filed notice of appeal. See Olivo v. State, 918 S.W.2d 519,
522 (Tex. Crim. App. 1996) (“A timely notice of appeal is necessary to invoke a court of
appeals’ jurisdiction.”). In this case, the district court imposed sentence on April 3, 2017. Rule
26.2 of the Texas Rules of Appellate Procedure provides that an appeal is perfected in a criminal
case when notice of appeal is filed within 30 days after the day sentence is imposed or suspended
in open court or within 90 days after sentencing, if the defendant timely files a motion for new
trial. Tex. R. App. P. 26.2(a)(1)-(2). Thus, the deadline for perfecting the appeal was May 3,
2017. Gilg filed his notice of appeal on September 20, 2018. Absent a timely filed notice of
appeal, we lack jurisdiction to dispose of this appeal in any manner other than by dismissing it
for want of jurisdiction. See Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012);
Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, we dismiss the
appeal for want of jurisdiction. 1
_________________________________________________
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Field and Toth
Dismissed for Want of Jurisdiction
Filed: October 9, 2018
Do Not Publish
1 The remedy for a late-filed notice of appeal is to file a post-conviction writ of habeas corpus
returnable to the Texas Court of Criminal Appeals for consideration of an out-of-time appeal.
See Tex. Code Crim. Proc. art. 11.07.