Donte Houston v. State ( 2014 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-14-00293-CR
DONTE HOUSTON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 349th District Court
Houston County, Texas
Trial Court No. 11CR-033, Honorable Mark A. Calhoon, Presiding
September 2, 2014
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Donte Houston, appellant, attempts to appeal from his conviction for assault on a
public servant. The trial court pronounced sentence on March 7, 2012. Appellant did
not file his notice of appeal with this court until July 28, 2014.1 We dismiss for want of
jurisdiction.
1
According to appellant’s notice of appeal, he filed a notice with the Fourth Court of Appeals in
appellate cause number 04-12-00242-CR. We note that the Fourth Court affirmed appellant’s conviction
in this cause in an opinion issued on February 6, 2013. See Houston v. State, No. 04-12-00242-CR,
2013 WL 441790, 2013 Tex. App. LEXIS 1072 (Tex. App.—San Antonio February 6, 2013, no pet.)
(mem. op.) (not designated for publication.)
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). Appellant did not file a motion for new trial;
therefore, the deadline for perfecting an appeal here lapsed in April of 2012.
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.
Per Curiam
Do not publish.