State v. Dylon Jay Carter
Opinion
Before QUINN and CAMPBELL, JJ. and BOYD, S.J. (1)
Appellant, The State of Texas, by and through its District Attorney, James A. Farren, filed a Motion to Dismiss Appeal on September 28, 2004 stating that it desires to withdraw its appeal.
Without passing on the merits of the case, we grant appellant's motion for voluntary dismissal and dismiss the appeal. Tex. R. App. P. 42.2. Having dismissed the appeal at appellant's request, we will not entertain a motion for rehearing, and our mandate will issue forthwith.
James T. Campbell
Justice
Do not publish.
1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.
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NO. 07-09-0218-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
AUGUST 5, 2009
______________________________
CLARENCE LAMOUNT WESLEY, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;
NO. 59619-D; HONORABLE DON EMERSON, JUDGE
_______________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Clarence Lamount Wesley, appeals his conviction for the offense of Hindering Apprehension or Prosecution, and sentence of 25 years confinement in the Institutional Division of the Texas Department of Criminal Justice. We will dismiss the appeal for want of jurisdiction.
A timely notice of appeal is necessary to invoke a court of appeal’s jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). In the absence of a notice of appea that wasl timely filed, in compliance with the requirements of the Texas Rules of Appellate Procedure, 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. Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998).
From the docketing statement, it would appear sentence was imposed on May 4, 2009. Appellant was required to give notice of appeal within 30 days after the day sentence was imposed or within 90 days after the day sentence was imposed if appellant filed a motion for new trial. Tex. R. App. P. 26.2(a). There is no indication that appellant filed a motion for new trial, making appellant’s notice of appeal due on or before June 3. Appellant filed his notice of appeal on June 30. Appellant’s failure to file a timely notice of appeal prevents this court from having jurisdiction over his appeal. Slaton, 981 S.W.2d at 210. Consequently, the appeal is dismissed for want of jurisdiction.
Mackey K. Hancock
Justice
Do not publish.
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