NO. 07-03-0491-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
MARCH 5, 2004
______________________________
FELIPE RODRIQUEZ, JR., APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2003-403154; HONORABLE JIM BOB DARNELL, JUDGE
_______________________________
Before QUINN and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
Felipe Rodriquez, Jr., appellant, pleaded guilty to the offense of driving while
intoxicated, enhanced by three prior convictions for driving while intoxicated, and on August
14, 2003, the trial court sentenced him to eight years confinement in the Institutional
Division of the Texas Department of Criminal Justice. He filed a pro se notice of appeal
with this court on November 12, 2003.
Our appellate jurisdiction over a criminal appeal is triggered through a timely notice
of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). In the absence of
a notice of appeal timely filed in compliance with the requirements of Rule of Appellate
Procedure 26, a court of appeals does not obtain jurisdiction to address the merits of the
appeal in a criminal case, and can take no action other than to dismiss the appeal. Slaton
v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998). As applicable here, Rule of Appellate
Procedure 26.2(a) requires a notice of appeal in a criminal case be filed within 30 days
after the day sentence is imposed or suspended in open court, unless a timely motion for
new trial is filed.
Here, the court imposed Rodriquez’s sentence on August 14, 2003. The record
before us does not indicate that he filed a motion for new trial. Consequently, his notice of
appeal was untimely. Appellant’s failure to file a timely notice of appeal prevents this court
from having jurisdiction over his appeal.
The appeal is dismissed for want of jurisdiction.
James T. Campbell
Justice
Do not publish.
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