Clifton Wayne Harden Jr. v. The State of Texas--Appeal from 47th District Court of Potter County

 Annotate this Case
Download PDF
NO. 07-07-0346-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D AUGUST 23, 2007 ______________________________ CLIFTON WAYNE HARDEN, JR., Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 47th DISTRICT COURT OF POTTER COUNTY; NO. 54,244-A; HON. HAL MINER, PRESIDING _______________________________ Order of Dismissal _______________________________ Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. Clifton Wayne Harden, Jr., appellant, attempts to appeal his conviction for possession of a controlled substance, enhanced. The court imposed sentence on March 30, 2007. Appellant then filed a motion for new trial on April 27, 2007. His notice of appeal was filed on August 8, 2007. We dismiss for want of jurisdiction. To be timely, a notice of appeal must be filed within 30 days after the sentence is imposed or suspended in open court or within 90 days after that date if a motion for new trial is filed. TEX . R. APP. P. 26.2(a). A motion for new trial having been filed, appellant's notice of appeal was due to be filed on or before June 28, 2007. Yet, it was not filed within that period but some forty-one days thereafter. A timely filed notice of appeal is essential to invoke our appellate jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). If it is untimely, we can take no action other than to dismiss the proceeding. Id. at 523. Appellant's notice being untimely filed, we have no jurisdiction over the matter and dismiss the appeal. Accordingly, appellant s appeal is dismissed.1 Brian Quinn Chief Justice Do not publish. 1 The appropriate vehicle for seeking an out-of-tim e appeal from a final felony conviction is by writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Crim inal Procedure. See T EX . C OD E C R IM . P R O C . A N N . art. 11.07 (Vernon 2005). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.