Robert Ray Young v. State

• Court: Court of Appeals of Texas
• Decided: August 30, 2013
• Docket: 07-13-00248-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-13-00248-CR

ROBERT RAY YOUNG, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 137th District Court Lubbock County, Texas Trial Court No. 2012-435,813, Honorable John J. "Trey" McClendon, Presiding

August 30, 2013

MEMORANDUM OPINION Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Appellant, Robert Ray Young, was convicted of the offense of possession of a

controlled substance with intent to deliver, for which a thirty-seven-year sentence of

incarceration was imposed on December 20, 2012. On July 25, 2013, appellant filed his

notice of appeal with this Court. We will dismiss for want of jurisdiction.

By letter dated August 15, 2013, this Court notified appellant that it appeared that his

notice of appeal was untimely filed and failed to invoke the Court’s jurisdiction. We

directed appellant to file a response with the Court by August 26, 2013, explaining how this Court has jurisdiction over the appeal. Appellant filed a late response to our letter,

which we have considered, but his response fails to demonstrate how we have

jurisdiction over this appeal.

To be timely, a notice of appeal must be filed within thirty days after sentence is

imposed or suspended in open court or within ninety days after that date if a motion for

new trial is timely filed. See TEX. R. APP. P. 26.2(a). Because appellant’s notice of

appeal was filed 217 days after sentence was imposed, it was untimely.

Because appellant failed to file a timely notice of appeal from the trial court’s

judgment of conviction in trial court cause number 2012-435,813, we are without

jurisdiction to entertain appellant’s appeal. See Olivo v. State, 918 S.W.2d 519, 522

(Tex.Crim.App. 1996) (en banc). Because this Court is without jurisdiction to address

the merits of this appeal, we have no authority to take any action other than to dismiss

the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per

curiam); Olivo, 918 S.W.2d at 523.

Accordingly, we now dismiss the purported appeal for want of jurisdiction.1

Mackey K. Hancock Justice

Do not publish.

1 Appellant may have recourse by filing a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals for consideration of an out-of-time appeal. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2012); Parr v. State, 206 S.W.3d 143, 145 (Tex.App.—Waco 2006, no pet.).