NUMBER 13-13-00454-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
SAMANTHA GARZA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On Appeal from the 105th District Court
of Kleberg County, Texas.
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MEMORANDUM OPINION
Before Justices Garza, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Samantha Garza, attempted to perfect an appeal from a conviction for
aggravated assault with a deadly weapon. We dismiss the appeal for want of jurisdiction.
The trial court imposed sentence in this matter on April 23, 2013. A motion for
reconsideration or reduction of sentence was filed on May 1, 2013, and appellant filed her
notice of appeal on August 4, 2013. On March 13, 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’s appellate counsel has filed a response to the Court’s
directive stating the appeal was not timely perfected.
Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when
notice of appeal is filed within thirty days after the day sentence is imposed or suspended
in open court unless a motion for new trial is timely filed. TEX. R. APP. P. 26.2(a)(1).
Where a timely motion for new trial has been filed, notice of appeal shall be filed within
ninety days after the sentence is imposed or suspended in open court. TEX. R. APP. P.
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 TEX. R.
APP. P. 26.3.
Appellant timely filed a motion for new trial. Therefore, her notice of appeal was
due to have been filed on or before July 22, 2013. See TEX. R. APP. P. 26.2(a)(2).
Appellant did not file a motion for extension of time to file her notice of appeal as permitted
by Texas Rule of Appellate Procedure 26.3 and did not file her notice of appeal until
August 4, 2013.
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 obtain jurisdiction to address
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the merits of the appeal in a criminal case 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). 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) (Vernon 2005); see also Ex parte Garcia, 988 S.W.2d 240
(Tex. Crim. App. 1999).
The appeal is DISMISSED FOR WANT OF JURISDICTION. Trial counsel’s
motion to withdraw which was previously carried with the case is GRANTED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
3rd day of April, 2014.
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