Samuel Jackson v. Wanda Faye Coffer

• Court: Court of Appeals of Texas
• Decided: January 22, 2003
• Docket: 07-02-00518-CV
• Status: Published

Opinion

NO. 07-02-0518-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

JANUARY 22, 2003

______________________________

SAMUEL JACKSON, APPELLANT

V.

WANDA FAYE COFFER, APPELLEE

_________________________________

FROM THE 316TH DISTRICT COURT OF HUTCHINSON COUNTY;

NO. 32,156; HONORABLE JOHN LAGRONE, JUDGE

_______________________________

Before QUINN and REAVIS, JJ. and BOYD, S.J. ⁽¹⁾

MEMORANDUM OPINION ⁽²⁾

By letter dated January 8, 2003, this Court directed appellant, proceeding pro se, to clarify his notice of appeal and file the proper documents as required by the Texas Rules of Appellate Procedure within ten days, noting that failure to do so might result in dismissal. Appellant did not respond and thus, we dismiss this proceeding for failure to comply with an order of this Court. See Tex. R. App. P. 42.3(c).

Accordingly, this proceeding is dismissed.

Don H. Reavis

Justice

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.

2. Tex. R. App. P. 47.4.

In a criminal case, appeal is perfected by timely filing a notice of appeal. Tex. R. App. P. 25.2(b). As is relevant to these proceedings, the notice of appeal must be filed within 30 days after the day the trial court enters an appealable order. TRAP 26.2(a). An untimely-filed notice of appeal will not invoke the jurisdiction of the court of appeals. See State v. Riewe, 13 S.W.2d 408, 411 (Tex.Crim.App. 2000). Thus, if an appeal is not timely perfected, a court of appeals can take no action other than to dismiss the appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Olivo, 918 S.W.2d at 523-25.

Appellant's notices of appeal were not timely filed. This court does not have jurisdiction over the appeals. Slaton, 981 S.W.2d at 210; Olivo, 918 S.W.2d at 523.

The appeals are dismissed for want of jurisdiction. Tex. R. App. P. 39.8, 40.2, 43.2.

Phil Johnson

Chief Justice

Do not publish.