Lori Ann Cano v. the State of Texas

NUMBER 13-22-00373-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
LORI ANN CANO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 28th District Court
of Burnet County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Benavides, Hinojosa, and Silva
Memorandum Opinion by Justice Hinojosa
On June 30, 2022, appellant attempted to perfect an appeal from a conviction of
forgery of a government or financial instrument entered in trial court cause number
CR13000716-A. We dismiss the appeal for want of jurisdiction.
Sentence in this matter was imposed with a judgment of conviction on April 14,
2022. On August 11, 2022, the Clerk of the Court notified appellant that it appeared the
appeal was not timely perfected. Appellant was advised the appeal would be dismissed
if the defect was not corrected within ten days from the date of receipt of the notice.
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 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). 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).
Therefore, the appeal is dismissed for want of jurisdiction.
LETICIA HINOJOSA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
25th day of August, 2022.
2