Justin Paul Reid v. The State of Texas Appeal from 94th District Court of Nueces County (memorandum opinion)
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NUMBER 13-17-00435-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ JUSTIN PAUL REID, Appellant, v. THE STATE OF TEXAS, Appellee. ____________________________________________________________ On appeal from the 94th District Court of Nueces County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Rodriguez, Contreras, and Benavides Memorandum Opinion by Justice Rodriguez Appellant Justin Paul Reid attempted to perfect an appeal from a judgment entered on May 9, 2017, which revoked his community supervision. Appellant was convicted of second degree felony theft. See TEX. PENAL CODE ANN. § 31.03 (West, Westlaw through 2017 R.S.). We dismiss the appeal for want of jurisdiction. 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 have jurisdiction to address the merits of the appeal 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). The judgment revoking community supervision was entered on May 9, 2017. Proceeding pro se, appellant filed his notice of appeal on June 19, 2017. Appellant’s appointed counsel then filed a second notice of appeal on July 14, 2017. On August 4, 2017, 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 directive. Unless a motion for new trial has been timely filed, a notice of appeal must be filed within thirty days after the day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order. TEX. R. APP. P. 26.2(a)(1). Where a timely motion for new trial has been filed, the notice of appeal must be filed within ninety days after the day sentence is imposed or suspended in open court. See id. 26.2(a)(2). The time within which to file the notice may be enlarged if, within fifteen days after the deadline for filing the notice, the party files the notice of appeal and a motion complying with Rule 10.5(b) of the Texas Rules of Appellate Procedure. See id. 26.3. 2 Appellant’s notice of appeal 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) (West, Westlaw through 2017 R.S.); see also Ex parte Garcia, 988 S.W.2d 240 (Tex. Crim. App. 1999). The appeal is DISMISSED FOR WANT OF JURISDICTION. NELDA V. RODRIGUEZ Justice Do not publish. See TEX. R. APP. P. 47.2(b). Delivered and filed the 31st day of August, 2017. 3
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