### NUMBER S 13

- 0 9

- 00 517

- CR AND 13

- 09

- 00 518

- CR 

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

____________________________________________________________ PETER CURRY , A ppellant ,
v. THE STATE OF TEXAS, A ppellee

.

____________________________________________________________

On Appeal from the 2 1 4th District Court of Nueces County, Texas.

____________________________________________________________



## MEMORANDUM OPINION
Before Chief Justice Valdez and Justices R odriguez and Benavides

Memorandum Opinion Per Curiam Appellant, Peter Curry , attempted to perfect an appeal from a conviction for aggravated sexual assault of a child and a conviction of burglary of a habitation . 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). Absent a2

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. Slato n v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). The trial court imposed sentence in th ese matter s on March 14, 2008 , and the judgment was corrected by a nunc pro tunc order signed April 9, 2008 . Appellant filed his notice of appeal on April 7, 2009

. On December 22, 2009 , the Clerk of this Court notified appellant that it appeared that the appeal s were not timely perfected and that the appeal s would be dismissed if the defect was 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 m ust 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 appea l 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 file s the notice of appeal and a motion complying with Rule 10.5(b) of the Texas Rules of Appellate Procedure. See id. 26.3. Appellant = s notice of appeal, filed twelve months after sentence was imposed, was untimely, and accordingly, we lack jurisdiction over the appeal s

. 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;3

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 s are 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 21st day of December , 20 10

.