Opinion
NUMBER 13-19-00252-CR
06-27-2019
PATRICK DIXON, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 94th District Court of Nueces County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Longoria
Memorandum Opinion by Chief Justice Contreras
Appellant Patrick Dixon, proceeding pro se, attempted to perfect an appeal from cause number 14-CR-1880-C in the 94th District Court of Nueces County, Texas. According to the notice of appeal, appellant was convicted of aggravated assault as a repeat felony offender and was sentenced on September 22, 2014 to forty years of incarceration. See TEX. PENAL CODE ANN. § 22.02. Appellant did not file his notice of appeal until May 31, 2019. He requests that we grant him an out-of-time appeal based on claims involving jurisdiction, double jeopardy, the failure to provide a speedy trial, and the imposition of a void sentence.
Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when the notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order. TEX. R. APP. P. 26.2(a)(1); see Rodarte v. State, 860 S.W.2d 108, 109 (Tex. Crim. App. 1993); Lair v. State, 321 S.W.3d 158, 159 (Tex. App.—Houston [1st Dist.] 2010, pet. ref'd). The time to file the notice of appeal 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 TEX. R. APP. P. 26.3; id. R. 10.5(b). 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); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Pickens v. State, 105 S.W.3d 746, 748 (Tex. App.—Austin 2003, no pet.).
The Court, having examined and fully considered the documents on file and appellant's request for an out-of-time appeal, is of the opinion that we lack jurisdiction over this appeal because appellant's notice of appeal was filed more than four years too late. See generally TEX. R. APP. P. 26.2(a). We note that 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); see also Ex parte Garcia, 988 S.W.2d 240, 241 (Tex. Crim. App. 1999). We dismiss the appeal and all pending motions for want of jurisdiction. See Slaton, 981 S.W.2d at 210.
DORI CONTRERAS
Chief Justice Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 27th day of June, 2019.