Robert Back v. State

• Court: Court of Appeals of Texas
• Decided: November 7, 2014
• Docket: 07-14-00351-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-14-00351-CR

ROBERT BACK, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 320th District Court Potter County, Texas Trial Court No. 54,960-D, Honorable Don R. Emerson, Presiding

October 17, 2014

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

Robert Back, appellant, attempts to appeal his conviction for robbery once again.

In 2008, we affirmed the conviction via Back v. State, No. 07-07-0436-CR, 2008 Tex.

App. LEXIS 4398 (Tex. App—Amarillo June 16, 2008, no pet.). Back now wants an out-

of-time appeal.

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). 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). Without it, we can take no action other than to dismiss the proceeding. Id.

at 523.

On September 25, 2014, we directed appellant to show why this court had

jurisdiction over the appeal. Appellant filed a response but did not illustrate how we

have jurisdiction to entertain further review of a conviction from a sentence pronounced

and rendered final in 2007. Appellant's notice being untimely filed, we have no

jurisdiction over the matter and dismiss the appeal.

It is so ordered.

Per Curiam

Do not publish.