Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00333-CR
Gersom SANCHEZ,
Appellant
v.
The State of
The STATE of Texas,
Appellee
From the 274th Judicial District Court, Guadalupe County, Texas
Trial Court No. 01-0682-CR
Honorable Gary L. Steel, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: May 21, 2014
DISMISSED FOR WANT OF JURISDICTION
The trial court signed the judgment sought to be appealed on January 3, 2013. In the
absence of a timely motion for new trial, appellant’s notice of appeal was due to be filed on
February 4, 2013. TEX. R. APP. P. 26.2(a)(1), (2). Any motion for extension of time to file the
notice of appeal was due on February 19, 2013. TEX. R. APP. P. 26.3. The trial court clerk has
filed a notification in this court stating that appellant did not file a notice of appeal in the trial court.
On May 6, 2014, appellant filed a pro se notice of appeal in this court. Appellant acknowledges
04-14-00333-CR
the notice of appeal is late, and has attached a motion for an extension and/or motion for an out-
of-time appeal.
When a notice of appeal and motion for extension of time are not filed within the fifteen-
day grace period allowed by Rule 26.3, the appellate court lacks jurisdiction. TEX. R. APP. P. 26.3;
see Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (appellate jurisdiction in a criminal
case is invoked by a timely filed notice of appeal). 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). An out-of-time appeal from a final felony conviction
may, however, be sought by filing in the trial court a post-conviction writ of habeas corpus
returnable to the Texas Court of Criminal Appeals pursuant to article 11.07 of the Texas Code of
Criminal Procedure; the availability of that remedy is beyond the jurisdiction of this court. See
TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3 (West Supp. 2013); see also Ex parte Garcia, 988
S.W.2d 240, 241 (Tex. Crim. App. 1999); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243
(Tex. Crim. App. 1991). Accordingly, we dismiss this appeal for want of jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-