Earnest Manley v. State

• Court: Court of Appeals of Texas
• Decided: June 17, 2011
• Docket: 07-11-00224-CR
• Status: Published

Opinion

NO. 07-11-0224-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

JUNE 17, 2011 ______________________________

EARNEST MANLEY,

Appellant

v.

THE STATE OF TEXAS,

Appellee _________________________________

FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 98-427550; HON. JIM BOB DARNELL, PRESIDING _______________________________

Order of Dismissal _______________________________

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

Earnest Manley, appellant, attempts to appeal his conviction for aggravated

robbery. The court imposed sentence on November 6, 1998. His notice of appeal was

filed on May 6, 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

December 7, 1998.

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Do not publish.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).