COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
|
CRESENCIO RODRIGUEZ, Appellant, v. THE STATE OF TEXAS, Appellee. |
'
'
'
'
'
' |
No. 08-02-00213-CR Appeal from the 210th District Court of El Paso County, Texas (TC# 75136) |
O P I N I O N
Cresencio Rodriguez gave notice of appeal from judgment and sentence entered against him on April 5, 2002. A motion for new trial was not filed. Notice of appeal was therefore due thirty days from April 5. See Tex. R. App. P. 26.2(a).
Notice of appeal was not filed until May 7. The Clerk of this Court filed the appeal on May 17. On that date, the Clerk also informed appellant that the notice was not timely and that, unless any party could show grounds for continuing the appeal, we would dismiss the appeal for want of jurisdiction. No response has been presented.
The jurisdiction of this Court is invoked by giving timely and proper notice of appeal. White v. State, 61 S.W.3d 424, 427-28 (Tex. Crim. App. 2001). If jurisdiction is not properly invoked, we are without power to act. Id. at 428. Here, appellant=s notice of appeal was not timely. Therefore, we dismiss this appeal for want of jurisdiction.
SUSAN LARSEN, Justice
June 20, 2002
Before Panel No. 1
Larsen, McClure, and Chew, JJ.
(Do Not Publish)