NUMBER 13-16-00517-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
STEVEN PEREZ, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 117th District Court
of Nueces County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Garza, Perkes, and Longoria
Memorandum Opinion Per Curiam
Appellant, Steven Perez, proceeding pro se, attempts to appeal an “order
dismissing his petition for writ of audita querela.” On September 30, 2016, the Clerk of
this Court notified appellant that it appeared there was no final, appealable judgment, that
the writ of audita querela is not available in Texas, and requested correction of this defect
within ten days or the appeal would be dismissed. Appellant has responded that he is
filing his notice of appeal prematurely and that relief is available by writ of audita querela.
We dismiss this appeal for want of jurisdiction.
An appellate court has the obligation to determine its own jurisdiction. See
Ramirez v. State, 89 S.W.3d 222, 225 (Tex. App.—Corpus Christi 2002, no pet.);
Yarbrough v. State, 57 S.W.3d 611, 615 (Tex. App.—Texarkana 2001, pet. ref'd); see
also Laureles v. State, No. 13-13-00535-CR, 2014 WL 1669102, at *1 (Tex. App.—
Corpus Christi Apr. 24, 2014, no pet.) (mem. op., not designated for publication). A
defendant's notice of appeal must be filed within thirty days after the trial court enters an
appealable order. See TEX. R. APP. P. 26.2(a)(1). A notice of appeal which complies
with the requirements of Rule 26 is essential to vest the court of appeals with jurisdiction.
Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). If an appeal is not timely
perfected, a court of appeals does not obtain jurisdiction to address the merits of the
appeal. Id. Under those circumstances it can take no action other than to dismiss the
appeal. Id.
The Court, having examined and fully considered the notice of appeal and
response filed by appellant, is of the opinion appellant’s appeal is premature. An
appealable order has not been entered by the trial court and this Court lacks jurisdiction
over the matters herein. Accordingly, this appeal is DISMISSED for lack of jurisdiction.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
3rd day of November, 2016.
2
Steven Perez v. State
Combined Opinion