AUNG AUNG v. THE STATE OF TEXAS (2011)

Aung Aung, appellant, attempts to appeal his conviction for two counts of evading arrest and making a terroristic threat.   The court imposed sentence on July 29, 2010, and a motion for new trial was timely filed.   His notice of appeal was filed on December 17, 2010.   We dismiss for want of jurisdiction.

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).   Therefore, the notice of appeal was due on October 27, 2010.

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).   If it is untimely, we can take no action other than to dismiss the proceeding.   Id. at 523.   Appellant's notice being untimely filed, we have no jurisdiction over the matter and dismiss the appeal.

Accordingly, appellants appeal is dismissed.¹

FOOTNOTES

FN1. The appropriate vehicle for seeking an out-of-time appeal from a final felony conviction is by writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal Procedure.   See Tex.Code Crim. Proc. Ann. art. 11.07 (Vernon 2005)..  FN1. The appropriate vehicle for seeking an out-of-time appeal from a final felony conviction is by writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal Procedure.   See Tex.Code Crim. Proc. Ann. art. 11.07 (Vernon 2005).

Brian Quinn Chief Justice