### NUMBER 13 - 15 - 002 06 - CR 

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

____________________________________________________________ JOHNNY VELASQUEZ , A ppellant ,
v. THE STATE OF TEXAS, A ppellee

.

____________________________________________________________

On a ppeal from the 3 47 th District Court of Nueces County, Texas.

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## MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Longoria

Memorandum Opinion Per Curiam Appellant, Johnny Velasquez , attempted to perfect an appeal from a conviction for possession with intent to deliver cocaine. We dismiss the appeal for want of jurisdiction. Sentence in this matter was imposed on December 4, 2014. No motion for new trial was filed. Notice of appeal was filed on February 17, 2015. On May 4, 2015 , the Clerk of this Court notified appellant that it appeared that the appeal was not timely2

perfected. Appellant was advised that the appeal would be dismissed if the defect was not corrected within ten days from the date of receipt of the Court ’ s direct ive. Appellant has not responded to this notice. Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when notice of appeal is filed within thirty days after the day sentence is imposed or suspended in open court unless a motion for new trial is timely filed

. T EX

. R. A PP

. P . 26.2(a)(1). Where a timely motion for new trial has been filed, notice of appeal shall be filed within ninety days after the sentence is imposed or suspended in open court. T EX

. R. A PP

. P

. 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 T EX

. R.
A PP

. P . 26.3. Appellant’s notice of appeal was due to have been filed on or before January 5,
2015

. 1 See T EX

. R. A PP

. P. 26.2(a)(2). Appellant did not file a motion for extension of time to file his notice of appeal as permitted by Texas Rule of Appellate P rocedure 26.3 and did not file his notice of appeal until February 17, 2015

. 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 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.

1 Because the thirtieth day fell on a Saturday , appellant had until the following Monday, January 5, 2015 to file the notice of appeal

. See T EX

. R. A PP

. P

. 4.1.3

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 ju risdiction 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. PER CURIAM Do not publish. See T EX

. R. A PP

. P . 47.2(b).
D elivered and filed the 28th day of May, 2015

.