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.

____________________________________________________________

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 
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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.