Eddie Chambliss v. The State of Texas--Appeal from 115th District Court of Marion County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-03-00028-CR
______________________________
EDDIE CHAMBLISS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 115th Judicial District Court
Marion County, Texas
Trial Court No. 11,301
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
MEMORANDUM OPINION

Eddie Chambliss has filed a notice of appeal from his conviction on his plea of guilty to the offense of indecency with a child. The judgment indicates sentence was imposed October 6, 1994.

In order to invoke the jurisdiction of this Court to hear an appeal, a timely notice of appeal must be filed. State v. Riewe, 13 S.W.3d 408, 410 (Tex. Crim. App. 2000). Tex. R. App. P. 26.2 provides that a notice of appeal in a criminal case must be filed within thirty days after the day sentence is imposed in open court or within ninety days after sentence is imposed if the defendant timely files a motion for new trial.

Over eight years have elapsed since Chambliss was sentenced. His untimely notice of appeal cannot invoke the jurisdiction of this Court. When a court determines it has no jurisdiction to decide the merits of an appeal, the proper action is to dismiss. Mendez v. State, 914 S.W.2d 579, 580 (Tex. Crim. App. 1996).

We dismiss the appeal for want of jurisdiction.

 

Donald R. Ross

Justice

 

Date Submitted: February 10, 2003

Date Decided: February 11, 2003

 

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