Jon Paul Wilson v. The State of Texas--Appeal from Criminal District Court No. 2 of Dallas County

Opinion filed February 15, 2007

In The

Eleventh Court of Appeals

____________

   No. 11-07-00005-CR

__________

  JON PAUL WILSON, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 2

Dallas County, Texas

Trial Court Cause No. F96-23832 KI

O P I N I O N

On July 12, 2001, the trial court adjudicated Jon Paul Wilson guilty of sexual assault of a child and assessed his punishment at confinement for forty years. On December 19, 2006, appellant filed in the trial court a pro se notice of appeal. When the notice of appeal was received in this court, the clerk wrote the parties stating that it appeared that an appeal had not been timely perfected and requesting that appellant file a response in this court showing grounds for continuing the appeal. A response has been filed.

In his response, appellant states that his trial counsel failed to sufficiently assist him. This argument does not establish how this court could have jurisdiction over an appeal from a 2001 order. Absent a timely notice of appeal under Tex. R. App. P. 26.2 or compliance with Tex. R. App. P. 26.3, this court lacks jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). Appellant may be able to secure an out-of-time appeal by filing a post-conviction writ pursuant to Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005).

The appeal is dismissed.

PER CURIAM

February 15, 2007

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.