NUMBERS 13-15-00443-CR AND 13-15-00447-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
WILLIAM BOTELLO, Appellant,
v.
THE STATE OF TEXAS, Appellee.
____________________________________________________________
On appeal from the 347th District Court
of Nueces County, Texas.
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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Perkes
Memorandum Opinion Per Curiam
Appellant, William Botello, attempted to perfect appeals from convictions for
burglary of a habitation and burglary of a vehicle. We dismiss the appeals for want of
jurisdiction.
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). Absent
a timely filed notice of appeal, a court of appeals does not have jurisdiction to address the
merits of the appeal 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).
The trial court imposed sentence in these matters on December 10, 2012.
Appellant filed his notice of appeal on September 21, 2015. The notice of appeal states
he intends to appeal the ruling on his motion nunc pro tunc for trusty time credit. The
clerk of the trial court clerk has informed us that the trial court has not entered a nunc pro
tunc in these causes.
On September 28, 2015, the Clerk of this Court notified appellant that it appeared
that the appeal was not timely perfected and this Court does not have jurisdiction.
Appellant was notified that the appeal would be dismissed if the defects were not
corrected within ten days from the date of receipt of the Court’s directive. Appellant has
not filed a response to the Court’s directive.
Unless a motion for new trial has been timely filed, a notice of appeal must be filed
within thirty days after the day sentence is imposed or suspended in open court, or after
the day the trial court enters an appealable order. TEX. R. APP. P. 26.2(a)(1). Where a
timely motion for new trial has been filed, the notice of appeal must be filed within ninety
days after the day sentence is imposed or suspended in open court. See id. 26.2(a)(2).
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.
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Appellant’s notices of appeal, filed more than two years and eight months after
sentence was imposed, are untimely, and accordingly, we lack jurisdiction over the
appeal. See Slaton, 981 S.W.2d at 210. 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).
These appeals are DISMISSED FOR WANT OF JURISDICTION.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
5th day of November, 2015.
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