Donte Houston v. State

Opinion

In The

Court of Appeals

Seventh District of Texas at Amarillo

No. 07-14-00293-CR

DONTE HOUSTON, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 349th District Court Houston County, Texas

Trial Court No. 11CR-033, Honorable Mark A. Calhoon, Presiding

September 2, 2014

MEMORANDUM OPINION

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

Donte Houston, appellant, attempts to appeal from his conviction for assault on a public servant. The trial court pronounced sentence on March 7, 2012. Appellant did not file his notice of appeal with this court until July 28, 2014.1 We dismiss for want of jurisdiction.

1 According to appellant’s notice of appeal, he filed a notice with the Fourth Court of Appeals in appellate cause number 04-12-00242-CR. We note that the Fourth Court affirmed appellant’s conviction in this cause in an opinion issued on February 6, 2013. See Houston v. State, No. 04-12-00242-CR, 2013 WL 441790, 2013 Tex. App. LEXIS 1072 (Tex. App.—San Antonio February 6, 2013, no pet.) (mem. op.) (not designated for publication.)

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). Appellant did not file a motion for new trial; therefore, the deadline for perfecting an appeal here lapsed in April of 2012.

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.

Per Curiam

Do not publish.