IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JULY 31, 2006
______________________________
OUANE THONGSAVATH, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE _________________________________
FROM THE 251ST DISTRICT COURT OF POTTER COUNTY;
NO. 27,884-C; HONORABLE PATRICK PIRTLE, JUDGE _______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINIONAppellant, Ouane Thangsavath, appeals a denial of his Motion for use of trial records, hearing and appointment of counsel after conviction for the offense of aggravated sexual assault. We will dismiss the appeal for want of jurisdiction.
An untimely-filed notice of appeal will not invoke the jurisdiction of the court of appeals. See State v. Riewe, 13 S.W.3d 408, 411 (Tex.Crim.App. 2000). In the absence of a notice of appeal timely filed in compliance with the requirements of the Texas Rules of Appellate Procedure, 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).
Appellant proceeded to trial and was found guilty by a jury. The judgment was entered on July 10, 1997. At the time of appellant's conviction and the execution of the judgment, appellant was required to give notice of appeal within 30 days after the day the trial court entered an appealable order. Tex. R. App. P. 41(b)(1), 52 Tex. Bar J. 893 (Tex.Crim.App. 1989) (amended 1997) (current version at Tex. R. App. P. 26.2(a)). Appellant filed his notice of appeal on April 25, 2006. Appellant's failure to file a timely notice of appeal prevents this court from having jurisdiction over his appeal. Slaton, 981 S.W.2d at 210. Consequently, the appeal is dismissed for want of jurisdiction.
Mackey K. Hancock
Justice
Do not publish.
JAY GID BRYAN, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 242nd DISTRICT COURT OF HALE COUNTY;
NO. B 14776-0301; HON. ED SELF, PRESIDING
_______________________________
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ORDER OF ABATEMENT
Jay Gid Bryan filed a notice of appeal from the trial court’s judgment adjudicating him guilty of endangering a child, revoking his community supervision and sentencing him to two years confinement in the State Jail Division of the Texas Department of Criminal Justice. The reporter’s record and clerk’s record have been filed. Appellant’s brief was due to be filed on June 20, 2008, but has not yet been filed. By letter dated July 3, this Court notified appellant’s retained attorney of the failure and also explained that if no response was received by July 14, the appeal would be abated pursuant to Rule 38.8(b) of the Texas Rules of Appellate Procedure. On July 8, we received a document wherein counsel explained he was never retained or appointed to represent appellant on appeal. On August 19, we abated this appeal to the trial court and ordered the trial court to utilize whatever means necessary to determine: (1) whether appellant truly desires to prosecute the appeal; and (2) whether appellant is indigent and entitled to appointed counsel.
The trial court conducted a hearing on September 5, 2008, and issued the following findings: (1) a representative of appellant’s bondsman appeared, asking that a warrant be issued for appellant because he had failed to comply with the conditions of his contract; appellant’s bond was reset and a warrant was issued for appellant’s arrest; (2) appellant’s case was first called at 1:00 p.m. and appellant failed to appear; (3) appellant’s case was called again at 1:04 p.m. and 2:10 p.m. and each time, no one responded; (4) appellant is a fugitive; (5) the trial court is unable to determine if appellant truly desires to prosecute the appeal; and (6) the trial court is unable to determine if appellant is indigent.
Accordingly, the appeal is abated pending further order of the Court.
It is so ordered.
Per Curiam
Do not publish.