Robert Hugh Lester v. The State of Texas--Appeal from 179th District Court of Harris County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-03-00075-CR
______________________________
ROBERT HUGH LESTER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 179th Judicial District Court
Harris County, Texas
Trial Court No. 904716
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

Robert Hugh Lester has filed a pro se notice of appeal from his conviction, on his plea of guilty, for burglary of a habitation with intent to commit theft. Sentence was imposed on January 22, 2003. No motion for new trial was filed. Accordingly, the notice of appeal was due within thirty days of the day sentence was imposed. See Tex. R. App. P. 26.2(a)(1). The thirty days expired on February 21, 2003. The notice of appeal was filed on March 3, 2003.

Our jurisdiction is invoked by the timely filing of a notice of appeal. Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993). If the notice of appeal is not timely, this Court has no jurisdiction over the attempted appeal. 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.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: April 14, 2003

Date Decided: April 15, 2003

 

Do Not Publish