Barry Dwayne Minnfee v. The State of Texas--Appeal from 251st District Court of Potter County

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NO. 07-08-0221-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B JUNE 6, 2008 ______________________________ BARRY DWAYNE MINNFEE, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 251ST DISTRICT COURT OF POTTER COUNTY; NO. 43,519-C; HON. ANA ESTEVEZ, PRESIDING _______________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Barry Dwayne Minnfee attempts to appeal his conviction of burglary of a habitation. Sentence was imposed on January 28, 2002. However, notice of appeal was not filed until May 16, 2008. 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). Appellant s notice of appeal was clearly filed after the appropriate deadline. 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 Accordingly, appellant s appeal is dismissed.1 Brian Quinn Chief Justice Do not publish. 1 The appropriate vehicle for seeking an out-of-tim e appeal from a final felony conviction is by writ of habeas corpus pursuant to article 11.07 of the Texas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