Dustin Merle Whaley v. The State of Texas Appeal from 47th 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. 07-21-00132-CR ________________________ DUSTIN MERLE WHALEY, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 47th District Court Potter County, Texas Trial Court No. 70,323-A; Honorable Dan L. Schaap, Presiding June 16, 2021 MEMORANDUM OPINION Before QUINN, C.J., and PIRTLE and PARKER, JJ. Pursuant to an open plea of guilty, Appellant, Dustin Merle Whaley, was convicted of evading arrest with a vehicle 1 and sentenced to six years confinement. We affirmed his conviction in Whaley v. State, No. 07-16-00126-CR, 2018 Tex. App. LEXIS 5612, at *7 (Tex. App.—Amarillo July 24, 2018, no pet.) (mem. op., not designated for publication). 1 See TEX. PENAL CODE ANN. § 38.04(b)(2)(A) (West 2017). On June 8, 2021, Appellant filed a notice with this court requesting a new appeal and the appointment appellate counsel. We dismiss the purported appeal for want of jurisdiction. Appellant was sentenced on March 22, 2016. Because Appellant timely filed a motion for new trial, his notice of appeal was due within ninety days after sentence was imposed, i.e., by June 20, 2016. See TEX. R. APP. P. 26.2(a)(2). Appellant filed the instant notice of appeal on June 8, 2021. Because the timely filing of a written notice of appeal is a jurisdictional prerequisite to hearing an appeal, we have no option but to dismiss the untimely appeal for want of jurisdiction. See Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). Accordingly, we deny Appellant’s request for appointed counsel and dismiss this appeal. 2 Per Curiam Do not publish. 2 In his notice of appeal, Appellant states that he previously received ineffective assistance of appellate counsel and, therefore, seeks a new appeal. Although this court has no authority to grant such a request, Appellant may be entitled to relief by filing an application for writ of habeas corpus returnable to the Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). 2
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