Charles A. Beery v. The State of Texas--Appeal from 320th District Court of Potter County
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NO. 07-06-0005-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D MARCH 2, 2006 ______________________________ CHARLES ALLEN BEERY, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 320TH DISTRICT COURT OF POTTER COUNTY; NO. 50,160-D; HONORABLE DON EMERSON, JUDGE _______________________________ Before QUINN, C.J. and REAVIS and CAMPBELL, JJ. MEMORANDUM OPINION Appellant, Charles A. Beery, seeks to appeal his conviction of aggravated sexual assault of a child and accompanying sentence of 99 years confinement in the Texas Department of Criminal Justice Institutional Division. We dismiss the appeal for want of jurisdiction. In a criminal case, appeal is perfected by timely filing a sufficient notice of appeal. TEX . R. APP . P. 25.2(b); 26.2. A timely filed notice of appeal is essential to invoke our appellate jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). The record before us reflects appellant was sentenced on September 7, 2005. The notice of appeal was due on or before October 7, 2005. TEX . R. APP . P. 26.2(a). Appellant did not file his notice of appeal until January 19, 2006. Appellant s failure to file a timely notice of appeal prevents this court from having jurisdiction over his appeal. Accordingly, the appeal is dismissed for want of jurisdiction.1 TEX . R. APP . P. 39.8, 40.2, 43.2(f). James T. Campbell Justice Do not publish. 1 Appellant may be entitled to an out-of-time appeal by filing a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals. See TEX . CODE CRIM . PROC . ANN . art. 11.07 (Vernon 2005); see also Ex parte Garcia, 988 S.W.2d 240 (Tex.Crim.App. 1999). 2
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