Opinion
NO. 03-15-00525-CR
08-28-2015
Jeremy Teak Palmer, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF COMAL COUNTY, 22ND JUDICIAL DISTRICT
NO. CR2013-250, HONORABLE R. BRUCE BOYER, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Jeremy Teak Palmer has filed a notice of appeal from a judgment of conviction for driving while intoxicated with two or more previous convictions for the same type of offense. The district court imposed sentence on June 8, 2015. Thus, the deadline for perfecting the appeal was July 8, 2015. See Tex. R. App. P. 26.2(a)(1). Palmer filed his notice of appeal on August 19, 2015. On the same day, he filed a motion for extension of time to file his notice of appeal, but the deadline for filing that motion was July 23, 2015. See Tex. R. App. P. 26.3. 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 Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). We are also without jurisdiction to grant a motion for extension of time that is filed more than fifteen days after the date that the notice of appeal was due. See Olivo, 918 S.W.2d at 522, 526. Accordingly, we deny the motion for extension of time and 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/_________
Cindy Olson Bourland, Justice
Before Justices Puryear, Goodwin, and Bourland Dismissed for Want of Jurisdiction Filed: August 28, 2015