Opinion
No. 07-14-00325-CR No. 07-14-00326-CR No. 07-14-00327-CR No. 07-14-00328-CR No. 07-14-00329-CR No. 07-14-00330-CR
09-18-2014
B.J. ALLEN GALLOWAY, APPELLANT v. THE STATE OF TEXAS, APPELLEE
On Appeal from the 108th District Court Potter County, Texas
Trial Court Nos. 66223-E, 66224-E, 66255-E, 66256-E, 66257-E, 66258-E,
Honorable Douglas Woodburn, Presiding
MEMORANDUM OPINION
Before QUINN, C.J., and HANCOCK, J., and BOYD, S.J.
Senior Justice John T. Boyd, sitting by assignment.
B.J. Allen Galloway, appellant, attempts to appeal from his convictions for possession of a controlled substance (two charges), delivery of marihuana (three charges), and possession of marihuana. The trial court pronounced sentence on April 1, 2013 in all causes. Appellant did not file his notice of appeal with this Court until September 4, 2014. On September 5, 2014, this Court notified appellant of the untimely notice of appeal and gave him until September 15, 2014 to file a response, if any. Appellant filed a response but failed to address the jurisdictional issue. We dismiss for want of jurisdiction.
Furthermore, the trial court certification regarding the right to appeal shows that appellant has no right to appeal because the convictions were the result of a plea bargain and appellant waived the right to appeal.
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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 May of 2013.
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 notices being untimely filed, we have no jurisdiction over the matters and dismiss the appeals.
Accordingly, appellant's appeals are dismissed.
Per Curiam Do not publish.