James Paul Noble v. The State of Texas--Appeal from 115th District Court of Upshur County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00032-CR

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JAMES PAUL NOBLE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 115th Judicial District Court

Upshur County, Texas

Trial Court No. 13,190

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

James Paul Noble has filed a notice of appeal from his conviction for murder. A jury found him guilty and assessed his punishment at thirty-five years' imprisonment. The court imposed sentence April 24, 2003. No motion for new trial was filed.

Noble filed a notice of appeal over six months later, on January 30, 2004. Appellate jurisdiction is invoked by giving timely and proper notice of appeal. White v. State, 61 S.W.3d 424, 428 (Tex. Crim. App. 2001). Where no motion for new trial is filed, a defendant must file his notice of appeal within thirty days after the day sentence is imposed or suspended in open court. Tex. R. App. P. 26.2(a). The right to appeal is conferred by the Legislature. See Rushing v. State, 85 S.W.3d 283, 286 (Tex. Crim. App. 2002). A party may appeal only that which the Legislature has authorized. See Marin v. State, 851 S.W.2d 275, 278 (Tex. Crim. App. 1993); Galitz v. State, 617 S.W.2d 949, 951 (Tex. Crim. App. 1981).

The Texas Rules of Appellate Procedure do not establish the jurisdiction of the appellate courts, but instead set out procedures which must be followed in order to invoke that jurisdiction. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). Without a timely filed notice of appeal, a court of appeals lacks jurisdiction over the appeal. Id. at 522. If the jurisdiction of a court of appeals is not properly invoked, the power of the court to act is as absent as if it did not exist. Ex parte Caldwell, 383 S.W.2d 587, 589 (Tex. Crim. App. 1964) (op. on reh'g). The notice of appeal is untimely.

We dismiss the appeal for want of jurisdiction.

Jack Carter

Justice

Date Submitted: March 2, 2004

Date Decided: March 3, 2004

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