ROBERT M. DeLaANGEL v. THE STATE OF TEXAS--Appeal from 24th District Court of Refugio County (per curiam)
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NUMBER 13-11-00528-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ ROBERT M. DE LA ANGEL, APPELLANT, v. THE STATE OF TEXAS, APPELLEE. ____________________________________________________________ On appeal from the 24th District Court of Refugio County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Benavides Memorandum Opinion Per Curiam Appellant, Robert M. De La Angel, attempted to perfect an appeal from a conviction for possession of marijuana. We dismiss the appeal for want of jurisdiction. Sentence in this matter was imposed on September 15, 1993. On August 9, 2011, appellant filed a notice of appeal. On August 15, 2011, the Clerk of this Court notified appellant that it appeared that the appeal was not timely perfected and that the appeal would be dismissed if the defect was not corrected within ten days from the date of receipt of the Court=s directive. Appellant has not filed a response to the Court=s notice. Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed. TEX. R. APP. P. 26.2(a)(1). Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed or suspended in open court. TEX. R. APP. P. 26.2(a)(2). This Court's appellate jurisdiction in a criminal case is invoked by a timely filed notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent a timely filed notice of appeal, a court of appeals does not obtain jurisdiction to address the merits of the appeal in a criminal case and can take no action other than to dismiss the appeal for want of jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Appellant=s notice of appeal, filed more than seventeen years after sentence was imposed, was untimely, and accordingly, we lack jurisdiction over the appeal. See Slaton, 981 S.W.2d at 210. Appellant may be entitled to an out-of-time appeal by filing a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals; however, the availability of that remedy is beyond the jurisdiction of this Court. See TEX. CODE CRIM. PROC. ANN. art. 11.07, ' 3(a) (Vernon 2005); see also Ex parte Garcia, 988 S.W.2d 240 (Tex. Crim. App. 1999). 2 The appeal is DISMISSED FOR WANT OF JURISDICTION. Any pending motions are dismissed as moot. PER CURIAM Do not publish. TEX. R. APP. P. 47.2(b). Delivered and filed the 6th day of October, 2011. 3
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