NUMBER 13-13-00649-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
MARKUS A. GREEN, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 24th District Court
of Calhoun County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Perkes
Memorandum Opinion Per Curiam
Appellant, Markus A. Green, proceeding pro se, attempted to perfect an appeal
from the trial court’s denial of his petition for post-conviction habeas corpus relief. We
dismiss the appeal for want of jurisdiction.
The trial court’s order denying relief was rendered on or about September 4, 2013.
The notice of appeal was not filed until November 14, 2013. No motion for new trial was
filed. On November 25, 2013, the Clerk of this Court notified appellant that it appeared
that the appeal was not timely perfected. Appellant was advised 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. On December 9, 2013, appellant filed an amended notice of appeal
pertaining to the same trial court order and contending that appellant did not timely
receive a copy of the trial court’s order.
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). 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. 26.3.
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). AWhen a
notice of appeal is filed within the fifteen-day period but no timely motion for extension of
time is filed, the appellate court lacks jurisdiction.@ Olivo, 918 S.W.2d at 522. Absent a
timely filed notice of appeal, a court of appeals does not have 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. 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.
2
PROC. ANN. art. 11.07, § 3(a) (West 2005); see also Ex parte Garcia, 988 S.W.2d 240
(Tex. Crim. App. 1999).
The appeal is DISMISSED FOR WANT OF JURISDICTION.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the 30th
day of January, 2014.
3