Opinion
No. 05-12-00182-CR
08-27-2012
JAMES EDWARD ECHOLS, Appellant v. THE STATE OF TEXAS, Appellee
DISMISS;
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-81145-10
MEMORANDUM OPINION
Before Justices O'Neill, Richter, and Lang-Miers
Opinion By Justice Richter
James Edward Echols was convicted of aggravated sexual assault of a child and sentenced to ninety-nine years' imprisonment. Sentence was imposed in open court on November 9, 2011. No motion for new trial was filed; therefore, appellant's notice of appeal was due by December 9, 2011. See Tex. R. App. P. 26.2(a)(1). Appellant's notice of appeal was mailed on January 31, 2012 and filed in the trial court on February 2, 2012. The untimely notice of appeal leaves us without jurisdiction over the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam). We dismiss the appeal for want of jurisdiction.
In its findings regarding why appellant's brief has not been filed, the trial court stated appellant was seeking an out-of-time appeal. This Court has no authority to grant an out-of-time appeal. Appellant must seek such relief via application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure 11.07.
MARTIN RICHTER
JUSTICE
Do Not Publish
Tex. R. App. P. 47
120182F.U05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
JAMES EDWARD ECHOLS, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-12-00182-CR
Appeal from the 401st Judicial District Court of Collin County, Texas. (Tr.Ct.No. 401- 81145-10).
Opinion delivered by Justice Richter, Justices O'Neill and Lang-Miers participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
Judgment entered August 27, 2012.
MARTIN RICHTER
JUSTICE