NO. 07-09-0056-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
FEBRUARY 13, 2009
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RUFUS SITO NANEZ, III,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 69th DISTRICT COURT OF MOORE COUNTY;
NO. 4077; HON. RON ENNS, PRESIDING
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Order of Dismissal
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Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Rufus Sito Nanez, III, appellant, attempts to appeal his conviction for two counts of aggravated sexual assault and burglary of a habitation. The court imposed sentence on December 10, 2008. His notice of appeal was filed on February 4, 2009. We dismiss for want of jurisdiction.
To be timely, a notice of appeal must be filed within 30 days after the sentence is imposed or suspended in open court or within 90 days after that date if a motion for new trial is filed. Tex. R. App. P. 26.2(a). No motion for new trial was filed.
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 notice being untimely filed, we have no jurisdiction over the matter and dismiss the appeal.
Accordingly, appellant’s appeal is dismissed.
Brian Quinn
Chief Justice
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ure hereafter will be by reference to "CCP_."