From Casetext: Smarter Legal Research

Corbitt v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Aug 13, 2009
No. 13-09-00332-CR (Tex. App. Aug. 13, 2009)

Opinion

No. 13-09-00332-CR

Opinion delivered and filed August 13, 2009. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On appeal from the 214th District Court of Nueces County, Texas.

Before Justices RODRIGUEZ, GARZA, and VELA.


MEMORANDUM OPINION


Appellant, Harold Corbitt, attempted to perfect an appeal from a conviction for continual sexual abuse. We dismiss the appeal for want of jurisdiction. Sentence in this matter was imposed on February 4, 2009. No motion for new trial was filed. Notice of appeal was filed on May 18, 2009. On June 16, 2009, the Clerk of this Court notified appellant that it appeared that the appeal was not timely perfected. Appellant was advised that the appeal would be dismissed if the defect was not corrected within ten days from the date of receipt of the Court's directive. Appellant has not responded to this notice. Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed. Tex. R. App. P. 26.2(a)(1). The time within which to file the notice may be enlarged if, within fifteen days after the deadline for filing the notice, the party files the notice of appeal and a motion complying with Rule 10.5(b) of the Texas Rules of Appellate Procedure. See id. 26.3. This Court's appellate jurisdiction in a criminal case is invoked by a timely filed notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent a timely filed notice of appeal, a court of appeals does not obtain jurisdiction to address the merits of the appeal in a criminal case and can take no action other than to dismiss the appeal for want of jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Appellant's notice of appeal, filed more than 100 days after sentence was imposed, was untimely, and accordingly, we lack jurisdiction over the appeal. See Slaton, 981 S.W.2d at 210. Appellant may be entitled to an out-of-time appeal by filing a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals; however, the availability of that remedy is beyond the jurisdiction of this Court. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3(a) (Vernon 2005); see also Ex parte Garcia, 988 S.W.2d 240 (Tex. Crim. App. 1999). The appeal is DISMISSED FOR WANT OF JURISDICTION.


Summaries of

Corbitt v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Aug 13, 2009
No. 13-09-00332-CR (Tex. App. Aug. 13, 2009)
Case details for

Corbitt v. State

Case Details

Full title:HAROLD CORBITT, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Aug 13, 2009

Citations

No. 13-09-00332-CR (Tex. App. Aug. 13, 2009)