IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
MAY 17, 2006
______________________________
GINGER NEELEY, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE _________________________________
FROM THE 100TH DISTRICT COURT OF COLLINGSWORTH COUNTY;
NO. 2577; HONORABLE DAVID M. MCCOY, JUDGE _______________________________
Before REAVIS and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
Pending before this Court is appellant's motion to dismiss her appeal. Appellant and her attorney both have signed the document stating that appellant withdraws her appeal. Tex. R. App. P. 42.2(a). No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.
James T. Campbell
Justice
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hin 90 days after that date if a motion for new trial is filed. Tex. R. App. P. 26.2(a). Thus, appellant's notice of appeal was due to be filed on or about May 16, 2003, but was not filed until June 2, 2003. Furthermore, he did not move for an extension of the deadline.
A timely filed notice of appeal is essential to invoke our appellate jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). If the notice is not timely, then the court of appeals can take no action other than to dismiss the proceeding. Id. at 523. Because appellant's notice of appeal was untimely filed, we have no jurisdiction to consider the appeal.
Accordingly, the appeal is dismissed.
Per Curiam
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1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. §75.002(a)(1) (Vernon Supp. 2003).