NUMBER 13-13-00051-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
JOSHUA JOSEPH CORBIN, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 252nd District Court
of Jefferson County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Perkes
Memorandum Opinion Per Curiam
Appellant, Joshua Joseph Corbin, attempted to perfect an appeal from a
conviction for possession of a controlled substance. We dismiss the appeal for want of
jurisdiction.
Sentence in this matter was imposed on December 10, 2012. No motion for new
trial was filed. On January 24, 2013, appellant was notified that his notice of appeal was
due on January 9, 2013, and appeared to be untimely. The notice of appeal was dated
January 9, 2013, had a postmark date of January 11, 2013, and stamped “filed” by the
district clerk on January 14, 2013. Appellant was instructed that if he contends that he
placed the notice of appeal in the jail’s system for processing in the U.S. Mail on or before
the last day for filing, to provide supporting documentation. Appellant was advised that if
no response was received, the appeal would be dismissed after February 4, 2013.
Appellant has not responded to this notice.
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. Although the notice of
appeal herein was filed within the 15-day time period for filing a motion for extension of
time to file notice of appeal, no such motion for extension of time was filed. See id.
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). “When 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 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. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.
1998).
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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.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
4th day of April, 2013.
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