Ouane Thongsavath v. The State of Texas--Appeal from 251st District Court of Potter County
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NO. 07-06-0169-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JULY 31, 2006
______________________________
OUANE THONGSAVATH, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 251ST DISTRICT COURT OF POTTER COUNTY;
NO. 27,884-C; HONORABLE PATRICK PIRTLE, JUDGE
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
Appellant, Ouane Thangsavath, appeals a denial of his Motion for use of trial
records, hearing and appointment of counsel after conviction for the offense of aggravated
sexual assault. We will dismiss the appeal for want of jurisdiction.
An untimely-filed notice of appeal will not invoke the jurisdiction of the court of
appeals. See State v. Riewe, 13 S.W.3d 408, 411 (Tex.Crim.App. 2000). In the absence
of a notice of appeal timely filed in compliance with the requirements of the Texas Rules
of Appellate Procedure, a court of appeals does not obtain jurisdiction to address the merits
of the appeal in a criminal case, and can take no action other than to dismiss the appeal.
Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998).
Appellant proceeded to trial and was found guilty by a jury. The judgment was
entered on July 10, 1997. At the time of appellant’s conviction and the execution of the
judgment, appellant was required to give notice of appeal within 30 days after the day the
trial court entered an appealable order. TEX . R. APP . P. 41(b)(1), 52 Tex. Bar J. 893
(Tex.Crim.App. 1989) (amended 1997) (current version at TEX . R. APP . P. 26.2(a)).
Appellant filed his notice of appeal on April 25, 2006. Appellant’s failure to file a timely
notice of appeal prevents this court from having jurisdiction over his appeal. Slaton, 981
S.W.2d at 210. Consequently, the appeal is dismissed for want of jurisdiction.
Mackey K. Hancock
Justice
Do not publish.
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