In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-13-00248-CR
ROBERT RAY YOUNG, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 137th District Court
Lubbock County, Texas
Trial Court No. 2012-435,813, Honorable John J. "Trey" McClendon, Presiding
August 30, 2013
MEMORANDUM OPINION
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Appellant, Robert Ray Young, was convicted of the offense of possession of a
controlled substance with intent to deliver, for which a thirty-seven-year sentence of
incarceration was imposed on December 20, 2012. On July 25, 2013, appellant filed his
notice of appeal with this Court. We will dismiss for want of jurisdiction.
By letter dated August 15, 2013, this Court notified appellant that it appeared that his
notice of appeal was untimely filed and failed to invoke the Court’s jurisdiction. We
directed appellant to file a response with the Court by August 26, 2013, explaining how
this Court has jurisdiction over the appeal. Appellant filed a late response to our letter,
which we have considered, but his response fails to demonstrate how we have
jurisdiction over this appeal.
To be timely, a notice of appeal must be filed within thirty days after sentence is
imposed or suspended in open court or within ninety days after that date if a motion for
new trial is timely filed. See TEX. R. APP. P. 26.2(a). Because appellant’s notice of
appeal was filed 217 days after sentence was imposed, it was untimely.
Because appellant failed to file a timely notice of appeal from the trial court’s
judgment of conviction in trial court cause number 2012-435,813, we are without
jurisdiction to entertain appellant’s appeal. See Olivo v. State, 918 S.W.2d 519, 522
(Tex.Crim.App. 1996) (en banc). Because this Court is without jurisdiction to address
the merits of this appeal, we have no authority to take any action other than to dismiss
the appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998) (per
curiam); Olivo, 918 S.W.2d at 523.
Accordingly, we now dismiss the purported appeal for want of jurisdiction.1
Mackey K. Hancock
Justice
Do not publish.
1
Appellant may have recourse by filing a post-conviction writ of habeas corpus
returnable to the Texas Court of Criminal Appeals for consideration of an out-of-time
appeal. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2012); Parr v. State,
206 S.W.3d 143, 145 (Tex.App.—Waco 2006, no pet.).
2