Carlos I. Morin v. State

Opinion

NO. 07-12-0225-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

JUNE 19, 2012 ______________________________

CARLOS I. MORIN,

Appellant

v.

THE STATE OF TEXAS,

Appellee _________________________________

FROM THE 137th DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2007-418,394; HON. CECIL PURYEAR, PRESIDING _______________________________

Order of Dismissal _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Carlos I. Morin, appellant, attempts to appeal from his conviction for assault. The

trial court pronounced sentence and signed the judgment in October of 2008. Appellant

did not file his notice of appeal until June 1, 2012. We dismiss for want of jurisdiction.

To be timely, a notice of appeal must be filed within thirty days after the sentence is

imposed or suspended in open court or within ninety days after that date if a motion for new trial is filed. TEX. R. APP. P. 26.2(a). Therefore, the deadline for perfecting an

appeal here lapsed several years ago.

A timely filed notice of appeal is essential to invoke our appellate jurisdiction.

Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). If it is untimely, we can take

no action other than to dismiss the proceeding. Id. at 523. Appellant's notice being

untimely filed, we have no jurisdiction over the matter and dismiss the appeal.

Accordingly, appellant’s appeal is dismissed.1

Per Curiam

Do not publish.

1 The appropriate vehicle for seeking a belated appeal from a final felony conviction is by writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon 2005).