COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00447-CR
GARY WAYNE TARVER APPELLANT
V.
THE STATE OF TEXAS STATE
----------
FROM THE 355TH DISTRICT COURT OF HOOD COUNTY
----------
MEMORANDUM OPINION1
----------
Appellant Gary Wayne Tarver attempts to appeal his conviction for DWI-
subsequent offense. The trial court imposed Tarver’s sentence on November 29,
2011. Therefore, his notice of appeal was due by December 29, 2011, but was
not filed until September 28, 2012. See Tex. R. App. P. 26.2(a), 26.3. Tarver
also filed a motion for extension of time to file the notice of appeal.
1
See Tex. R. App. P. 47.4.
If a notice of appeal is not timely filed, the court of appeals has no option
but to dismiss the appeal for lack of jurisdiction. Castillo v. State, 369 S.W.3d
196, 198 (Tex. Crim. App. 2012). The remedy for a defendant with a final felony
conviction who seeks an out-of-time appeal is by way of post-conviction writ of
habeas corpus under article 11.07 of the code of criminal procedure. Richardson
v. State, No. 05-02-01592-CR, 2002 WL 31371944, at *1 (Tex. App.—Dallas
Oct. 22, 2002, no pet.) (not designated for publication). Accordingly, we deny
Tarver’s motion for extension of time to file a late notice of appeal, and we
dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: November 1, 2012
2