## NUMBER S 13 - 15 - 00 443 - CR AND 13 - 15 - 00447 - CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

____________________________________________________________ WILLIAM BOTELLO , A ppellant ,
v. THE STATE OF TEXAS, A ppellee

.

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On a ppeal from the 347 th District Court of Nueces County, Texas.

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## MEMORANDUM OPINION
Before Chief Justice Valdez and Justice s Rodriguez and Perkes

Memorandum Opinion Per Curiam Appellant, William Botello , attempted to perfect appeal s from conviction s for burglary of a habitation and burglary of a vehicle . We dismiss the appeal s 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). Absent2

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. Slat

on v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). The trial court imposed sentence in th ese matter s 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 defect s w ere not corrected within ten days f rom 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. T EX

. R. A PP

. 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 th e Texas Rules of Appellate Procedure. See id. 26.3.3

Appellant ’ s notice s of appeal, filed more than two years and eight mont hs 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 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 se appeal s are DISMISSED FOR WANT OF JURISDICTION. PER CURIAM Do not publish. See T EX

. R. A PP

. P . 47.2(b).
D eliver ed and filed the 5th day of November, 2015

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