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Moreno v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Feb 3, 2022
No. 13-21-00937 (Tex. App. Feb. 3, 2022)

Opinion

13-21-00937

02-03-2022

JASON OMAR MORENO, Appellant, v. THE STATE OF TEXAS, Appellee.


Do not publish. TEX. R. APP. P. 47.2(b).

On appeal from the 92nd District Court of Hidalgo County, Texas.

Before Justices Hinojosa, Tijerina, and Silva Memorandum Opinion by Justice Silva

MEMORANDUM OPINION

CLARISSA SILVA JUSTICE

This cause is before the Court on Appellant's Motion for New Appeal and Motion for Appointment of Counsel. We previously reviewed and affirmed the convictions which appellant is attempting to appeal. See Moreno v. State, 987 S.W.2d 195 (Tex. App.- Corpus Christi-Edinburg 1999, pet. ref'd).

On November 12, 2021, the Clerk of this Court notified appellant that it appeared the appeal was not timely perfected in this matter. Appellant was further informed the appeal would be dismissed if the defect was not corrected within ten days from the date of receipt of the Court's directive. In response, appellant filed a motion for new appeal which does not cure the defect, as the notice of appeal is more than twenty years late.

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 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 (Tex. Crim. App. 1999).

Accordingly, appellant's motion for a new appeal and motion for appointment of counsel are dismissed for want of jurisdiction, and this appeal is dismissed for lack of jurisdiction.


Summaries of

Moreno v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Feb 3, 2022
No. 13-21-00937 (Tex. App. Feb. 3, 2022)
Case details for

Moreno v. State

Case Details

Full title:JASON OMAR MORENO, Appellant, v. THE STATE OF TEXAS, Appellee.

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

Date published: Feb 3, 2022

Citations

No. 13-21-00937 (Tex. App. Feb. 3, 2022)