NO. 07-04-0065-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
APRIL 30, 2004
______________________________
ROLANDO G. FLORES, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2003-402708; HONORABLE CECIL G. PURYEAR, JUDGE
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
Appellant Rolando Flores appeals a conviction for assault. We dismiss for want of
jurisdiction.
BACKGROUND
On January 8, 2004, sentence was imposed on appellant in the 137th District Court
of Lubbock County (the trial court). He was convicted and sentenced for assault family
violence with one prior offense. The trial clerk prepared and has filed a clerk’s record. The
record reflects that on February 11, 2004, appellant filed a general notice of appeal
referencing his conviction for assault. The trial clerk filed a copy of the notice of appeal
with the record. On March 18, 2004, the appellate court clerk sent counsel a letter
requesting the parties to address the issue of jurisdiction. These responses were due no
later than April 16, 2004; counsel has not responded.
In a criminal case, appeal is perfected by timely filing a notice of appeal. TEX . R.
APP. P. 25.2(a). 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). The time for filing a notice of appeal may be extended for 15 days under certain
circumstances. TRAP 26.3. If the time for filing a notice of appeal is to be extended, both
a notice of appeal and a motion for extension of time which complies with TRAP 10.5(b)
must be filed within the 15 day period. TRAP 26.3; Olivo v. State, 918 S.W.2d 519, 523-
25 (Tex.Crim.App. 1996).
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, 918 S.W.2d at 523-25.
Appellant’s notice of appeal was not timely filed. A motion to extend time to file the
notice of appeal was not 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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