Before REAVIS and CAMPBELL, JJ. and BOYD, S.J. (1)
Pending before this Court is appellant Brenda Sue Wood's motion to dismiss this appeal. See Tex. R. App. P. 42.1(a)(1). Per the certificate of conference, appellee Wesley Sherman Wood does not oppose the motion. We grant the motion, and per the motion, costs are to be assessed against the party incurring them. Having dismissed the appeal at Brenda Sue Wood's request, no motion for rehearing will be entertained and our mandate will issue forthwith.
Don H. Reavis
Justice
1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment.
as due to be filed January 11, 2006. Because the record discloses that appellant's notice of appeal was received by the trial court clerk on January 30, 2006, in both cases, without seeking an extension of the deadline, Tex. R. App. P. 26.3, the notices of appeal were late.
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 it is untimely, we can take no action other than to dismiss the proceeding. Id. at 523. Appellant's notices being untimely filed, we have no jurisdiction over the matters and dismiss the appeals.
Accordingly, appellant's appeals are dismissed. (1)
Brian Quinn
Chief Justice
Do not publish.
1. The appropriate vehicle for seeking an out-of-time appeal from a final felony conviction is by writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005).