James Otis Clary v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-15-00181-CR

James Otice Clary, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT NO. 85-355-K, THE HONORABLE JOHN R. CARTER, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant James Otis Clary seeks to appeal from a judgment of conviction for

murder. See Tex. Penal Code § 19.02. The record reflects that sentence was imposed, pursuant to

a plea bargain in which appellant waved his right to appeal, on September 19, 1985. Appellant filed

his notice of appeal on March 19, 2015. Appellant’s notice of appeal—filed almost 30 years after

sentence was imposed—is untimely. See Tex. R. App. P. 26.2(a). Absent a timely filed notice of

appeal, we do 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. See Slaton v. State,

981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522–23 (Tex. Crim.

App. 1996). Accordingly, we dismiss this appeal for want of jurisdiction. __________________________________________ Cindy Olson Bourland, Justice

Before Justices Puryear, Pemberton, and Bourland

Dismissed for Want of Jurisdiction

Filed: March 31, 2015

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