From Casetext: Smarter Legal Research

Joseph v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jan 24, 2018
NO. 03-17-00887-CR (Tex. App. Jan. 24, 2018)

Opinion

NO. 03-17-00887-CR NO. 03-17-00888-CR

01-24-2018

Frank Joseph, Appellant v. The State of Texas, Appellee


FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT
NO. D-1-DC-04-904186 & NO. D-1-DC-04-904187

HONORABLE JON N. WISSER
, JUDGE PRESIDING MEMORANDUM OPINION

Appellant Frank Joseph has filed a notice of appeal from a judgment of conviction for aggravated sexual assault of a child and indecency with a child by sexual contact. See Tex. Penal Code §§ 22.011(a)(2), 21.11(a)(1). This Court's appellate jurisdiction in a criminal case is invoked by a timely filed notice of appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) ("A timely notice of appeal is necessary to invoke a court of appeals' jurisdiction."). In this case, the district court imposed sentence on March 11, 2005. Rule 26.2 of the Texas Rules of Appellate Procedure provides that an appeal is perfected in a criminal case when notice of appeal is filed within 30 days after the day sentence is imposed or suspended in open court or within 90 days after sentencing, if the defendant timely files a motion for new trial. Tex. R. App. P. 26.2(a)(1)-(2). Thus, the deadline for perfecting the appeal was June 9, 2005. Joseph filed his notice of appeal on December 28, 2017. Absent a timely filed notice of appeal, we lack jurisdiction to dispose of this appeal in any manner other than by dismissing it for want of jurisdiction. See Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, we dismiss the appeal for want of jurisdiction.

The remedy for a late-filed notice of appeal is to file a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals for consideration of an out-of-time appeal. See Tex. Code Crim. Proc. art. 11.07.

/s/_________

Scott K. Field, Justice Before Chief Justice Rose, Justices Goodwin and Field Dismissed for Want of Jurisdiction Filed: January 24, 2018 Do Not Publish


Summaries of

Joseph v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jan 24, 2018
NO. 03-17-00887-CR (Tex. App. Jan. 24, 2018)
Case details for

Joseph v. State

Case Details

Full title:Frank Joseph, Appellant v. The State of Texas, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Jan 24, 2018

Citations

NO. 03-17-00887-CR (Tex. App. Jan. 24, 2018)