Earl Dean Osbourn, Jr. v. State

Court of Appeals of Texas

Earl Dean Osbourn, Jr. v. State

DecidedAugust 15, 2011

Docket07-11-00317-CR

StatusPublished

This text of Earl Dean Osbourn, Jr. v. State (Earl Dean Osbourn, Jr. v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Earl Dean Osbourn, Jr. v. State, (Tex. Ct. App. 2011).

Pincite

Opinion

NO. 07-11-0317-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

AUGUST 15, 2011

______________________________

EARL DEAN OSBOURN, JR.,

Appellant

v.

THE STATE OF TEXAS,

Appellee

_________________________________

FROM THE 181st DISTRICT COURT OF RANDALL COUNTY;

NO. 13,847-B; HON. JOHN B. BOARD, PRESIDING

_______________________________

Order of Dismissal

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

Earl Dean Osbourn, Jr., appellant, attempts to appeal his conviction for Texas security act violations. The court imposed sentence on April 9, 2003. His notice of appeal was filed on August 4, 2011. 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 notice of appeal was due on May 9, 2003.

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]}

Brian Quinn

Chief Justice

Do not publish.

^{^[1]}The appropriate vehicle for seeking an out‑of‑time 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).

Free access — add to your briefcase to read the full text and ask questions with AI