CARLOS MORIN v. THE STATE OF TEXAS

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Court of Appeals of Texas, Amarillo.

CARLOS I. MORIN, Appellant v. THE STATE OF TEXAS, Appellee

NO. 07–12–0225–CR

Decided: June 19, 2012

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

Carlos I. Morin, appellant, attempts to appeal from his conviction for assault.   The trial court pronounced sentence and signed the judgment in October of 2008.   Appellant did not file his notice of appeal until June 1, 2012.   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 deadline for perfecting an appeal here lapsed several years ago.

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, appellant's appeal is dismissed.1

Do not publish.

FOOTNOTES

FN1. The appropriate vehicle for seeking a belated 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 a belated 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).

Per Curiam

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