Curtis Benard Robbins v. State ( 2005 )

NO. 07-05-0208-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
JULY 22, 2005
______________________________
CURTIS BERNARD ROBBINS, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;
NO. 49,315-D; HONORABLE DON EMERSON, JUDGE
_______________________________
Before REAVIS and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
Following a plea of not guilty, a jury convicted appellant Curtis Bernard Robbins of
improper photography or visual recording and assessed punishment at two years in a state
jail facility. Tex. Pen. Code Ann. § 21.15(b) (Vernon 2003). Sentence was imposed on
March 9, 2005, and no motion for new trial was filed. On June 7, 2005, appellant filed a
notice of appeal challenging his conviction. We dismiss for want of jurisdiction.
A defendant must file a written notice of appeal with the trial court clerk within 30
days after the date sentence is imposed. Tex. R. App. P. 25.2(c) & 26.2(a)(1). The Rules
of Appellate Procedure provide for a 15-day extension in which to file the notice of appeal
if it is accompanied by a motion for extension of time. Tex. R. App. P. 26.3 & 10.5(b)(2).
This Court is without jurisdiction to address the merits of an appeal and can take no action
other than to dismiss if an appeal is not timely perfected. See Slaton v. State, 981 S.W.2d
208, 210 (Tex.Cr.App. 1998).
Appellant’s sentence was imposed on March 9, 2005; thus, the deadline for filing the
notice of appeal was April 8, 2005, or 15 days thereafter if accompanied by a compliant
motion for extension of time. The notice of appeal filed on June 7, 2005, is untimely and
does not invoke our jurisdiction.
Accordingly, the purported appeal is dismissed for want of jurisdiction.1
Don H. Reavis
Justice
Do not publish.
1
Appellant may have recourse by filing a post-conviction writ of habeas corpus
returnable to the Court of Criminal Appeals for consideration of an out-of-time appeal. Tex.
Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2004-05).
2