Robert Back v. The State of Texas Appeal from 320th District Court of Potter County (memorandum opinion per curiam)
Annotate this Case
Download PDF
In The Court of Appeals Seventh District of Texas at Amarillo No. 07-14-00351-CR ROBERT BACK, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 320th District Court Potter County, Texas Trial Court No. 54,960-D, Honorable Don R. Emerson, Presiding October 17, 2014 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Robert Back, appellant, attempts to appeal his conviction for robbery once again. In 2008, we affirmed the conviction via Back v. State, No. 07-07-0436-CR, 2008 Tex. App. LEXIS 4398 (Tex. App Amarillo June 16, 2008, no pet.). Back now wants an outof-time appeal. To be timely, a notice of appeal must be filed within thirty days after the sentence is imposed or suspended in open court or within ninety days after that date if a motion for new trial is filed. TEX. R. APP. P. 26.2(a). 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). Without it, we can take no action other than to dismiss the proceeding. Id. at 523. On September 25, 2014, we directed appellant to show why this court had jurisdiction over the appeal. Appellant filed a response but did not illustrate how we have jurisdiction to entertain further review of a conviction from a sentence pronounced and rendered final in 2007. Appellant's notice being untimely filed, we have no jurisdiction over the matter and dismiss the appeal. It is so ordered. Per Curiam Do not publish. 2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.
