### NUMBER 13 - 1 3 - 00 158 - CR 

## COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

____________________________________________________________ PAISLEY LOPEZ , Appellant,

v. THE STATE OF TEXAS, Appellee.

____________________________________________________________

On appeal from the 117 th District Court of Nueces County, Texas.

____________________________________________________________



# MEMORANDUM OPINION Before Justices Rodriguez, Benavides , and Longoria

Memorandum Opinion Per Curiam Appellant, Paisley Lopez attempted to perfect an appeal from a conviction for unauthorized use of a motor vehicle . We dismiss the appeal for want of jurisdiction. Sentence in this matter was imposed on Febru ary 13, 2013 . No motion for new trial was filed. Notice of appeal was filed on March 18, 2013 . On March 22, 2013 , the Clerk of this Court notified appellant that it appeared that the appeal was not timely2

perfected. Appellant was advised that the appea l would be dismissed if the defect was not corrected within ten days from the date of receipt of the Court ’ s directive. O n June 3, 2013, appellant’s counsel responded that appellant gave oral notice of appeal in open
court on February 21, 2013. The Texas Rules of Appellate Procedure require a notice of appeal “must be given in writing and filed with the trial court clerk.” Tex.R.App. P. 25.2(c)(1). Unless a motion for new trial has been timely filed, a notice of appeal must be filed within thir ty days after the day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order. See id. 26.2(a)(1). Where a timely motion for new trial has been filed, the notice of appeal must be filed within ninety da ys 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 mot ion 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 e xtension 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

- da y 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 the3

appeal for want of jurisdiction. Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). 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 T EX

. C ODE C RIM

. P ROC

. A NN . 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. All pending motions are likewise DISMISSED FOR WANT OF JURISDICTION. PER CURIAM

Do no t publish. T EX

. R. A PP

. P . 47.2(b).
D elivered and filed the 2 7 th day of June , 20 1 3

.