NO. 07-06-0330-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
AUGUST 15, 2006
______________________________
LEMUEL MATTHEW SHELTON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 242ND DISTRICT COURT OF HALE COUNTY;
NO. B14964-0305; HONORABLE ED SELF, JUDGE
_______________________________
Before REAVIS and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
Appellant Lemuel Matthew Shelton was convicted of driving while intoxicated and
sentenced to five years confinement and a $2,500 fine, suspended in favor of community
supervision. On February 6, 2006, the trial court granted the State’s motion to revoke
community supervision and imposed the original sentence. On July 27, 2006, appellant
filed a pro se document indicating he had expressed to his appointed counsel, Laurie Key,
an intent to appeal the judgment revoking community supervision. He maintains an appeal
bond of $20,000 was posted and that he was later arrested for failing to prosecute the
appeal. The Hale County District Clerk confirmed by letter that an appeal bond had been
posted on February 6, 2006. The District Clerk also noted that on April 4, 2006, appellant
was in her office and had expressed an intent to appeal his revocation, but did not file any
documents. We dismiss for want of jurisdiction.
A defendant must file a written notice of appeal with the trial court clerk within 30
days after the date sentence is imposed. See Tex. R. App. P. 25.2(c) & 26.2(a)(1). The
Texas Rules of Appellate Procedure provide a fifteen-day window in which to file the notice
of appeal if it is accompanied by a motion for extension of time. Tex. R. App. P. 26.3. This
Court is without jurisdiction to address the merits of an appeal and can take no action other
than to dismiss the appeal if it is not timely perfected. See Slaton v. State, 981 S.W.2d
208, 210 (Tex.Cr.App. 1998). Appellant’s intent to appeal expressed in the document filed
on July 27, 2006, is untimely and does not invoke this Court’s jurisdiction.
Appellant may be entitled to an out-of-time appeal by filing a post-conviction writ of
habeas corpus returnable to the Texas Court of Criminal Appeals. See Tex. Code Crim.
Proc. Ann. art. 11.07, § 3 (Vernon 2005). See also Ex parte Axel, 757 S.W.2d 369, 374
(Tex.Cr.App. 1988) (holding that counsel has a duty to perfect an appeal whether appointed
or retained).
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Accordingly, we dismiss the purported appeal for want of jurisdiction.
Don H. Reavis
Justice
Do not publish.
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