TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00181-CR
James Otice Clary, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT
NO. 85-355-K, THE HONORABLE JOHN R. CARTER, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant James Otis Clary seeks to appeal from a judgment of conviction for
murder. See Tex. Penal Code § 19.02. The record reflects that sentence was imposed, pursuant to
a plea bargain in which appellant waved his right to appeal, on September 19, 1985. Appellant filed
his notice of appeal on March 19, 2015. Appellant’s notice of appeal—filed almost 30 years after
sentence was imposed—is untimely. See Tex. R. App. P. 26.2(a). Absent a timely filed notice of
appeal, we do not obtain jurisdiction to address the merits of the appeal in a criminal case and can
take no action other than to dismiss the appeal for want of jurisdiction. See Slaton v. State,
981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522–23 (Tex. Crim.
App. 1996). Accordingly, we dismiss this appeal for want of jurisdiction.
__________________________________________
Cindy Olson Bourland, Justice
Before Justices Puryear, Pemberton, and Bourland
Dismissed for Want of Jurisdiction
Filed: March 31, 2015
Do Not Publish
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