Billy Ray Walker v. The State of Texas Appeal from County Court of Dickens County (memorandum opinion per curiam)
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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-19-00313-CR BILLY RAY WALKER, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the County Court Dickens County, Texas Trial Court No. 7181, Honorable Woodie McAurthur, Presiding September 27, 2019 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PARKER, JJ. Appellant Billy Ray Walker, appearing pro se, attempts to appeal his conviction for driving while intoxicated. We dismiss the appeal for want of jurisdiction. Appellant’s sentence was imposed on January 26, 2000. His notice of appeal was due within thirty days of sentencing, by February 25, 2000. TEX. R. APP. P. 26.2(a) (requiring a notice of appeal to be filed within thirty days after the day sentence is imposed or within ninety days if a motion for new trial is timely filed). Appellant filed his notice of appeal on August 9, 2019. 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 matter and must dismiss the appeal. Accordingly, the appeal is dismissed for want of jurisdiction.1 Per Curiam Do not publish. 1 The appropriate vehicle for seeking an out-of-time appeal from a final misdemeanor conviction is by writ of habeas corpus pursuant to articles 11.05 and 11.09 of the Code of Criminal Procedure. 2
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