Opinion issued February 21 , 2019

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01 - 18 - 00757 - CR

——————————— JARROD JAY THOMAS , Appella nt

V. THE STATE OF TEXAS , Appell e e On Appeal from the 405th District Court Galveston County, Texas Trial Court Ca se No. 17 - CR - 1654
MEMORANDUM OPINION Jarrod Jay Thomas , acting pro se, attempts to appeal his conviction and sentence of four y ears’ imprisonment for the felony offense of assault on a public servant. Because appellant’s notice of appeal was untimely, we dismiss the appeal for lack of jurisdiction.2

A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction. See Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). In a criminal case, a defendant’s notice of appeal is due within thirty days after sentence is imposed in open court or the trial court enters an appealable order. See T EX . R. A PP . P. 26.2(a)(1). The deadline to file a notice of appeal is extended to ninety days after the sente nce is imposed if the defendant timely files a motion for new trial. See T EX . R. A PP . P. 26.2(a)(2). The time for filing a notice of appeal may be further extended if, within fifteen days of deadline for filing the notice of appeal, appellant files the not ice of appeal and a motion complying with Rule 10.5(b). T EX . R. A PP . P. 26.3. In this case, the trial court’s judgment of conviction was signed on June 18, 2018 . Because appellant did not file a motion for new trial or a motion for an extension of time to file a notice of appeal, his notice of appeal was due no later than July 18 , 201 8
. See T EX . R. A PP . P. 26.2(a)(1). Appellant’s pro se notice of appeal was received by the clerk of the trial court on August 17 , 201 8 , but under the “prisoner mailbox rule,” p leadings of pro se inmates are deemed filed at the time they are delivered to prison authorities for forwarding to the court clerk. Campbell v. State , 320 S.W.3d 338, 344 (Tex. Crim. App. 2010). T he record indicates that the notice of appeal was delivered to prison officials on August 14, 2018.3

A ppellant’s notice of appeal filed on August 1 4 , 2018 was untimely because it was filed more than thirty days after the judgment was signed on June 18, 2018
. See T EX . R. A PP . P. 26.2. This Court has no authority to allow the late filing of a notice of appeal except as provided by Rule 26.3. See Olivo , 918 S.W.2d at 522
. If an appeal is not timely perfected, then a court of appeals does not obtain jurisdiction to address the m erits of the appeal and can take no action other than to dismiss the appeal. See Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Although appellant may seek an out

- of

- time appeal from the Texas Court of Criminal Appeals by application for wri t of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure, this relief is beyond our court’s jurisdiction. See Ater v. Eight h Court of Appeals , 802 S.W.2d 241 (Tex. Crim. App. 1991) (out

- of

- time appeals in felony cases are govern ed by article 11.07 of the Texas Code of Criminal Procedure); Conroy v. State , No. 03

- 15

- 00480

- CR, 2015 WL 5783395, at *1 (Tex. App.

— Austin Oct. 2, 2015, no pet.) (mem. op, not designated for publication) (“[T]he Texas Court of Criminal Appeals is the only court with jurisdiction to consider a motion for an out

- of

- time appeal.”). Because appellant’s notice of appeal was untimely, we have no basis for jurisdiction over this appeal. See Slaton , 981 S.W.2d at 210; Olivo , 918 S.W.2d at 522. Accordingly, we dism iss the appeal for want of jurisdiction. T EX . R. A PP . P. 42.3(a), 43.2(f). We dismiss any pending motions as moot.4 PER CURIAM Panel consists of Justices Keyes, Higley, and Landau
. Do not publish. T EX . R. A PP . P. 47.2(b).