NO. 07-04-0076-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
MAY 12, 2004
______________________________
FRANK DWIGHT CARTER, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 364TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 89-409,752; HONORABLE THOMAS L. CLINTON, JUDGE
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
Appellant Frank Dwight Carter appeals from a conviction for aggravated robbery.
We dismiss for want of jurisdiction.
BACKGROUND
Appellant was convicted of aggravated robbery in Cause No. 89-409,752 in the 99th
District Court of Lubbock County. Sentence was imposed on June 12, 1990. On February
19, 2004, a notice of appeal was filed with the trial court clerk. On March 1, 2004, a
docketing statement was filed with the appellate clerk. On March 30, 2004, an amended
docketing statement was filed. Various pro se briefs and documents have been filed; some
in response to this court’s direction that appellant submit matters he wished considered by
this court on the issue of whether jurisdiction exists over the appeal.
The substance of appellant’s filings and documents and assertions challenge the
trial court’s jurisdiction to have tried, sentenced, and entered judgment of conviction against
appellant in 1990.
LAW
In a criminal case, appeal is perfected by timely filing a notice of appeal. TEX . R.
APP . P. 25.2(b). The notice of appeal must be filed within 30 days after the day sentence
is imposed or after the day the trial court enters an appealable order, unless a timely
motion for new trial is filed. TRAP 26.2(a). A motion for new trial may be filed by a criminal
defendant no later than 30 days after the date sentence is imposed in open court. TRAP
21.4(a).
An untimely-filed notice of appeal will not invoke the jurisdiction of the court of
appeals. See State v. Riewe, 13 S.W.2d 408, 411 (Tex.Crim.App. 2000). Thus, if an
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appeal is not timely perfected, a court of appeals does not have jurisdiction to address the
merits of the appeal, and can take no action other than to dismiss the appeal. Slaton v.
State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519, 523-25
(Tex.Crim.App. 1996).
ANALYSIS AND CONCLUSION
Appellant’s notice of appeal was not timely filed. Accordingly, this court does not
have jurisdiction over the appeal. Slaton, 981 S.W.2d at 210; Olivo, 918 S.W.2d at 523.
The appeal is dismissed for want of jurisdiction. TEX . R. APP . P. 39.8, 40.2, 43.2.
Phil Johnson
Chief Justice
Do not publish.
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