NUMBER 13-14-00568-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
MARK ANTHONY GREEN, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 24th District Court
of Victoria County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Longoria
Memorandum Opinion Per Curiam
Appellant, Mark Anthony Green, proceeding pro se, attempts to appeal an order
denying his application for writ of habeas corpus issued in trial court cause number 88-7-
13,248-3 in the 24th District Court of Victoria County, Texas. We dismiss this appeal for
lack of jurisdiction.
On July 20, 1990, appellant was convicted of the felony offense of unauthorized
use of a motor vehicle following the revocation of his deferred adjudication community
supervision. On April 4, 2013, the trial court issued an order denying appellant’s request
for habeas relief under either article 11.25 or 11.07 of the Texas Code of Criminal
Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.25, art. 11.07 (West, Westlaw
through 2013 3d C.S.). Appellant, proceeding pro se, filed a notice of appeal from the
“trial court’s denial of his writ of habeas corpus pursuant to [article] 11.072” challenging
the validity of his “probation sentence imposed upon him in July 1990.” Appellant’s pro
se notice of appeal was filed in this Court on September 18, 2014. On September 29,
2014, appellant filed an amended notice of appeal in this Court, again appealing the
denial of his application for writ of habeas corpus challenging “his deferred adjudicated
probation sentence” for the felony offense of unauthorized use of a motor vehicle. On
September 30, 2014, the Clerk of this Court notified appellant that it appeared that the
appeal was not timely perfected and that the appeal would be dismissed if the defect was
not corrected within ten days from the date of receipt of the Court’s directive. Appellant
has not filed a response to the Court’s request.
This Court's appellate jurisdiction in a criminal case is invoked by a timely filed
notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Absent
a timely filed notice of appeal, a court of appeals does not have jurisdiction to address the
merits of the appeal and can take no action other than to dismiss the appeal for want of
jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
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Unless a motion for new trial has been timely filed, a notice of appeal must be filed
within thirty days after the day sentence is imposed or suspended in open court, or after
the day the trial court enters an appealable order. TEX. R. APP. P. 26.2(a)(1). Where a
timely motion for new trial has been filed, the notice of appeal must be filed within ninety
days after the day sentence is imposed or suspended in open court. See id. R.
26.2(a)(2). The time within which to file the notice may be enlarged if, within fifteen days
after the deadline for filing the notice, the party files the notice of appeal and a motion
complying with Rule 10.5(b) of the Texas Rules of Appellate Procedure. See id. R. 26.3.
Appellant’s notice of appeal, filed more than a year after the trial court’s denial of
appellant’s application for a writ of habeas corpus, was untimely, and accordingly, we lack
jurisdiction over the appeal. See Slaton, 981 S.W.2d at 210. Appellant may be entitled
to an out-of-time appeal by filing a post-conviction writ of habeas corpus returnable to the
Texas Court of Criminal Appeals; however, the availability of that remedy is beyond the
jurisdiction of this Court. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a) (West,
Westlaw through 2013 3d C.S.); see also Ex parte Garcia, 988 S.W.2d 240, 241 (Tex.
Crim. App. 1999) (per curiam).
The appeal and all pending motions are DISMISSED FOR LACK OF
JURISDICTION. All pending motions are likewise DISMISSED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
30th day of October, 2014.
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