IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
APRIL 8, 2004
______________________________
GERALD BARROW, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 108TH DISTRICT COURT OF POTTER COUNTY;
NO. 29,237-E; HONORABLE ABE LOPEZ, JUDGE
_______________________________
Before REAVIS and CAMPBELL, JJ., and BOYD, S.J. (1)
MEMORANDUM OPINIONAppellant Gerald Barrow, an inmate proceeding pro se, filed a purported notice of appeal on January 22, 2004, seeking review of his conviction for delivery of a controlled substance. He asserts he was convicted in 1989 or 1990. We dismiss for want of jurisdiction.
A defendant must file a written notice of appeal with the trial court clerk within the deadlines provided in Rule 26.2(a)(1) of the Texas Rules of Appellate Procedure. The rules provide for a 15 day extension in which to file the notice if a motion for extension of time in compliance with Rule 10.5(b)(2) is filed in this Court. Tex. R. App. P. 26.3(b). The Court is without jurisdiction to address the merits of an appeal and can take no action other than to dismiss the appeal if an appeal is not timely perfected. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Cr.App. 1998). Appellant's purported notice of appeal by which he challenges a 15 year old conviction is untimely and does not invoke our jurisdiction.
Accordingly, the purported appeal is dismissed for want of jurisdiction. (2)
Don H. Reavis
Justice
1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.
2. Appellant may have recourse by filing a post-conviction writ of habeas corpus with the clerk of the court in which the conviction was obtained and be returnable to the Court of Criminal Appeals for consideration of an out-of-time appeal. See Tex. Code Crim. Proc. Ann. art 11.07 (Vernon Supp. 2004).
ily: 'Arial', sans-serif">TYRONE COLEMAN, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE COUNTY COURT OF HALE COUNTY;
NO. 2008C-743; HONORABLE DWAIN DODSON, JUDGE
_______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
ABATEMENT AND REMAND
Following a plea of not guilty, Appellant, Tyrone Coleman, was convicted by a jury of misdemeanor assault and punishment was assessed by the trial court at one year confinement in the county jail. The clerk’s record was filed on January 27, 2009. Upon reviewing the clerk’s record, it came to this Court’s attention that the Trial Court’s Certification of Defendant’s Right of Appeal does not comply with Rule 25.2(d) of the Texas Rules of Appellate Procedure. As of September 1, 2007, a defendant must sign and receive a copy of the certification. Additionally, the new form provides certain admonishments to a defendant not previously required.
Consequently, we abate this appeal and remand this cause to the trial court for further proceedings. Upon remand, the trial court shall utilize whatever means necessary to secure a proper Trial Court’s Certification of Defendant’s Right of Appeal in compliance with Rule 25.2(d). Once properly completed and executed, the certification shall be included in a supplemental clerk’s record. See Tex. R. App. P. 34.5(c)(2). The trial court shall cause this supplemental clerk's record to be filed with the Clerk of this Court by March 16, 2009. This order constitutes notice to all parties, pursuant to Rule 37.1 of the Texas Rules of Appellate Procedure, of the defective certification. If a supplemental clerk’s record containing a proper certification is not filed in accordance with this order, this matter will be referred to the Court for dismissal. See Tex. R. App. P. 25.2(d).
It is so ordered.
Per Curiam
Do not publish.