Earnest Manley v. State ( 2011 )

NO. 07-11-0224-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JUNE 17, 2011
______________________________
EARNEST MANLEY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 98-427550; HON. JIM BOB DARNELL, PRESIDING
_______________________________
Order of Dismissal
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Earnest Manley, appellant, attempts to appeal his conviction for aggravated
robbery. The court imposed sentence on November 6, 1998. His notice of appeal was
filed on May 6, 2011. 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
December 7, 1998.
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
Brian Quinn
Chief Justice
Do not publish.
1
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).
2