NO. 07-09-0056-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
FEBRUARY 13, 2009
______________________________
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
_______________________________
Order of Dismissal
_______________________________
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. (footnote: 1)
Brian Quinn
Chief Justice
Do not publish.
FOOTNOTES
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).