Jaime Gonzalez v. State

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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JAIME GONZALEZ, No. 08-18-00173-CR
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Appellant, Appeal from the
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V. 34th District Court
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THE STATE OF TEXAS, Of El Paso County, Texas
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Appellee. (TC# 20110D03634)
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MEMORANDUM OPINION
Jaime Gonzalez is attempting to appeal his convictions of possession of child pornography
(Counts I-XVI). 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 judgments recite that sentence was imposed
in open court on Counts I-XVI on November 12, 2014. While the judgments nunc pro tunc reflect
that sentence did not commence until July 31, 2018, 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 December 12, 2014. Appellant did not file his notice of
appeal until September 24, 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.
October 19, 2018
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
(Do Not Publish)
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