Humberto Rosales Cruz v. the State of Texas

Opinion

NUMBER 13-23-00355-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

HUMBERTO ROSALES CRUZ, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 389th District Court of Hidalgo County, Texas.

MEMORANDUM OPINION Before Justices Benavides, Longoria, and Tijerina Memorandum Opinion by Justice Benavides

On August 7, 2023, appellant attempted to perfect an appeal from a conviction of

attempt to commit murder entered in trial court cause number CR-2827-14-H. We dismiss

the appeal for want of jurisdiction.

A Sentence in this matter was imposed by jury on December 1, 2014. On August

8, 2023, the Clerk of the Court notified appellant that it appeared the appeal was not timely perfected. Appellant was advised the appeal would be dismissed if the defect was

not corrected within ten days from the date of receipt of the notice. Appellant has failed

to file a response or otherwise correct the defect.

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 obtain jurisdiction to address the

merits of the appeal in a criminal case 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). 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); see also Ex parte Garcia, 988 S.W.2d 240 (Tex. Crim. App.

1999).

Therefore, this appeal is dismissed for want of jurisdiction.

GINA M. BENAVIDES Justice

Do not publish. TEX. R. APP. P. 47.2(b).

Delivered and filed the 26th day of October, 2023.