NO. 07-03-0410 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L C NOVEM BER 14, 2003

______________________________ W ILLIAM W AYNE PHILLIPS, A PPELLANT

V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 108 TH DISTRICT COURT OF POTTER COUN TY; NO. 44,517-E; H ONORAB LE ABELOPEZ, JU DGE

_______________________________ Before JOHNSON, C.J., and QUINN and REAVIS, JJ. MEM ORAN DUM OP INI ON Appellant, W illi am W ayne Phillips, appeals a conviction for Agg ravate d Assault w ith a Deadly W eapon. We di sm iss for want of jurisdiction. BACKGROUND1 Further references to the Rules of Appellate Procedure w ill be abbreviated “TRAP.” 2 On June 12, 2003, sente nce was imposed on appella nt in a case pending against himin the 108th District Court of Potter County (the trial court). He w as adjudicated guilty for the off ense of aggrava ted ass ault w ith a dead ly we apon, an d sente nced to10 year s incarceration in the Texas Dep artmen t of Crim inal Justice, Institutional Divisi on. Appella nt’s trial counsel timely filed a m otion for new trial. The trial court did notrule on the m otion. Appellant filed his notice of appeal on Septemb er 12, 2003. In a letter dated October 17, 2003, the clerk of this court not ified appellant and the State that proceeding s in t his case were abated pen ding consi deratio n of the court’s jurisdiction over th e appeal. W e invited th e part ies to subm it briefs on the issue of our jurisdiction. Neither party filed a response. In a c rim inal case , appeal i s perfected by ti mely fili ng a notice of a ppeal. T ex. R. App. P. 25 .2(a), 26.2. 1 A tim ely filed notice of appeal is essential to invoke our appellate jurisdiction. Olivo v. State , 918 S.W.2d 519, 522 (Tex.Crim .App. 1996). A c ourt m ust rul e on a m otion for new trial within 75 days after imposing or suspending sentence in open court. TRA P 21.8(a). If the mot ion is n ot t im ely ruled on by written order, it is deemed deni ed when the peri od pre scri bed i n 21.8( a) expi res. T RAP 21.8(c)
. The time f

or filing a notice of appeal may be extended for

15 d aysund er certain circumstances. TRAP 26.3. If the tim e for filing a notice of appeal is to be extended, both a notice of appeal and a m otion for extension of time w hich comp lies with TRAP 10.5(b)3

must be filed within the 15 day period. TRAP26.3; Olivo , 918 S.W .2d at 5 23-25 . An untimely-filed notice of appeal will not invoke the j urisdiction of the court of appeals. See State v. R ie we , 13 S.W.2d 408, 411 (Te x. Crim .A pp. 200 0). Thu s, i f an app eal is not tim ely perfected, a c our

t of app ealsdoe s no t ha ve j uris dict ion to ad dre ss them erits of theapp eal, and can take no action other t han to dismiss t he appeal. Slaton v. State , 981 S.W.2d 208, 210 (Tex.Crim .App. 1998); Olivo , 918 S.W.2d at 523-25. Sentence w

as impose d on June 12, 2003. A notice of appeal of the judgm ent of the trial court was req uire d tobe f iled n o later t han Se pte m ber 10, 200 3, to invokethis court’ s appellate juris diction. TR AP 2 6.2(a)(2)
. ANALYSIS A ND CONCL USION Appella nt’s notice of appeal was n ottimely filed. A m otion to extend tim e to file the notice of a ppe al was n ot f iled. Accor

ding ly, thiscourt

does not have j urisdiction over the appeal. Slaton , 981 S.W.2d at 210; Olivo , 918 S.W.2d at 523. The appeal is dismissed for want of jurisdiction. T EX . R. A PP . P. 39.8, 40.2, 43.2.

Phil Johnson Chief Justi ce Do not publish.