Manuel G. Munoz v. The State of Texas Appeal from 399th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00784-CR Manuel G. MUNOZ, Appellant v. The STATE of Texas, Appellee From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2006CR9927 Honorable Juanita A. Vasquez-Gardner, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Jason Pulliam, Justice Delivered and Filed: December 21, 2016 DISMISSED FOR WANT OF JURISDICTION On February 11, 2008, Manuel Munoz pleaded nolo contendere to the offense of evading arrest or detention with a vehicle. Pursuant to a plea agreement, the trial court sentenced Munoz to seventeen years’ imprisonment. Munoz untimely filed his notice of appeal in the trial court on November 14, 2016. Because the notice of appeal in this case was not timely filed, we lack jurisdiction to entertain the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address merits 04-16-00784-CR of appeal, and court may take no action other than to dismiss appeal; court may not suspend rules to alter time for perfecting appeal); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss this appeal for want of jurisdiction. PER CURIAM DO NOT PUBLISH -2-

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