### NUMBER 13 - 1 1 - 00 551 - CR 

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

____________________________________________________________ JUAN ANTONIO CASTILLO , Appellant,

v. THE STATE OF TEXAS, Appellee.

____________________________________________________________

On appeal from the 105t h District Court of Kleberg County, Texas.

____________________________________________________________



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

Memorandum Opinion Per Curiam Appellant, Juan Antonio Castillo , attempted to perfect an appeal from a conviction for aggravated assault . We dismiss the appeal for want of jurisdiction. Sentence in this matter was imposed o n June 15, 2011 . No motion for new trial was filed. Notice of appeal was filed on August 10, 201 1 . On November 8, 2012 , 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 directive. Appellant has not responded to this notice. Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when

n otice 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). The time within which to file the notice may be enlarged if, within fiftee n 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. Appellant’s notice of appeal was due to have been filed on or before July 1 5 , 201 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 Procedure 26.3 and did not file his notice of appeal until August 10, 201 1

. This Cou rt'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). A When a notice of appeal is filed within the fifteen

- day period but no timely motion for extension o f 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 ot her than to dismiss the 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, the3

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. PER CURIAM Do not publish. T EX

. R. A PP

. P . 47.2(b).
D elivered and filed the 31st day of January , 20 1 3

.