Fabian Perez v. The State of Texas Appeal from 320th District Court of Potter County (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-18-00441-CR No. 07-18-00442-CR FABIAN PEREZ, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 320th District Court Potter County, Texas Trial Court Nos. 72,134-D & 72-295-D, Honorable Don Emerson, Presiding January 15, 2019 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PARKER, JJ. Appellant Fabian Perez, appearing pro se, attempts to appeal his two convictions for failure to register as a sex offender. We dismiss the appeals for want of jurisdiction. Appellant’s sentences were imposed on February 5, 2018. Appellant did not file a motion for new trial. Therefore, his notice of appeal was due within thirty days of sentencing, by March 7, 2018. See TEX. R. APP. P. 26.2(a)(1) (requiring a notice of appeal to be filed within thirty days after the day sentence is imposed). Appellant filed his notice of appeal for both convictions on December 18, 2018. A timely notice of appeal is required to invoke this court’s appellate jurisdiction. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). If the notice is untimely, a court of appeals can take no action other than to dismiss the appeal for lack of jurisdiction. Id. Because appellant’s notice of appeal was untimely filed, we have no jurisdiction over the matters and must dismiss the appeals. Accordingly, the appeals are dismissed for want of jurisdiction.1 Per Curiam Do not publish. 1 The appropriate vehicle for seeking an out-of-time appeal from a final felony conviction is by writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure. 2