NO. 07-99-0223-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
AUGUST 30, 1999
______________________________BRIAN MILLSAP,
Appellant
V.
SHOW TRUCKS USA, INC.,
Appellee _________________________________
FROM THE 86TH DISTRICT COURT OF KAUFMAN COUNTY;
NO. 53435; HON. GLEN M. ASHWORTH, PRESIDING _______________________________
BOYD, C.J., and QUINN and REAVIS, JJ.
Following appellant's failure to timely file a brief in this cause, we notified him on July 21, 1999 that his appeal would be dismissed, pursuant to Texas Rule of Appellate Procedure 42.3, unless he responded within ten days and showed good cause for continuing the appeal. Because of a clerical error in the July 21 notice, we again notified appellant to show good cause as to why the appeal should not be dismissed. Appellant's
response was due August 13, 1999. To date, appellant has failed to respond. We accordingly dismiss this appeal for want of prosecution pursuant to Texas Rules of Appellate Procedure 38.8(a)(1) and 42.3(b) and (c).
Brian Quinn
Justice
Do not publish.
NO. 07-11-0224-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JUNE 17, 2011
______________________________
EARNEST MANLEY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 98-427550; HON. JIM BOB DARNELL, PRESIDING
_______________________________
Order of Dismissal
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Earnest Manley, appellant, attempts to appeal his conviction for aggravated robbery. The court imposed sentence on November 6, 1998. His notice of appeal was filed on May 6, 2011. We dismiss for want of jurisdiction.
To be timely, a notice of appeal must be filed within thirty days after the sentence is imposed or suspended in open court or within ninety days after that date if a motion for new trial is filed. Tex. R. App. P. 26.2(a). Therefore, the notice of appeal was due on December 7, 1998.
A timely filed notice of appeal is essential to invoke our appellate jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). If it is untimely, we can take no action other than to dismiss the proceeding. Id. at 523. Appellant's notice being untimely filed, we have no jurisdiction over the matter and dismiss the appeal.
Accordingly, appellant=s appeal is dismissed.[1]
Brian Quinn
Chief Justice
Do not publish.
[1]The appropriate vehicle for seeking an out‑of‑time appeal from a final felony conviction is by writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005).