Billy Roy Huse v. The State of Texas--Appeal from 13th District Court of Navarro County

IN THE

TENTH COURT OF APPEALS

No. 10-95-257-CR

BILLY ROY HUSE,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 00-5-25,855

MEMORANDUM OPINION

Billy Roy Huse attempts to appeal from his conviction for murder and the assessed punishment of life imprisonment. Tex. Penal Code Ann. 19.02(b)(2) (Vernon 1994). The conviction and punishment followed a negotiated guilty plea. Because we find that our jurisdiction was not properly invoked, we dismiss his appeal.

On July 6, 1995, Huse pleaded guilty in exchange for a recommendation from the State that his punishment be assessed at life imprisonment. See Tex. Code Crim. Proc. Ann. art. 1.15 (Vernon Supp. 1995). The court admonished him, accepted his plea, and imposed the agreed punishment. Id. art. 26.13 (Vernon 1989 & Supp. 1995). On August 25, some fifty days after his sentence was imposed, Huse filed a notice of appeal and a motion seeking to obtain the trial court's permission to prosecute an appeal.

After examining the record, we have determined that Huse's notice of appeal in this cause was due on August 7. // Tex. R. App. P. 41(b)(1). He did not file a written notice of appeal until August 25. Thus, his notice of appeal was eighteen days too late. See id. Absent a timely, written notice of appeal, we do not have jurisdiction over a criminal appeal. Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988); Reyes v. State, 883 S.W.2d 291, 292-93 (Tex. App. El Paso 1994, no pet.).

We notified Huse of this defect on November 9. Tex. R. App. P. 56(a), 83. He has not taken steps to amend the record in response. Id. Thus, "the transcript does not show the jurisdiction of the court, and . . . after notice it [has] not [been] amended." Id. Therefore, "the appeal shall be dismissed." Id. 56(a).

Because Huse failed to invoke our jurisdiction, we dismiss his appeal. Davis v. State, 870 S.W.2d 43, 46 (Tex. Crim. App. 1994); Morrison v. State, 896 S.W.2d 392, 393 (Tex. App. Waco 1995, no pet.).

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed for want of jurisdiction

Opinion delivered and filed November 22, 1995

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