### NUMBER 13 - 20 - 00 2 73 - C R 

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

ROGELIO MARTINEZ , Appellant,

v. THE STATE OF TEXAS , Appellee.

On appeal from the 197 th Distr ict Court of Cameron County, Texas.



## MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Perkes Memorandum Opinion by Justice Longoria On June 24 , 2020 , Rogelio Martinez filed a notice of appeal from a judgment rendered in cause number 2011

- DCR

- 2120

- C in the 197 th District Court of Cameron County, Texas. According to the judgment, appellant was convicted of the first

- degree fe l ony offense of burglary of a habitation and was sentenced to ninety

- nine years of2 imprisonment. See T EX

. P ENAL C ODE A NN

. § 30.02. The judgment, which w as signed on February 29, 2012, indicates that sentence was imposed in this case on February 27, 2012. A timely notice of appeal is necessary to invoke this Court ’ s jurisdiction. Smith v. State , 559 S.W.3d 527, 531 (Tex. Crim. App. 2018) ; Castillo v. State , 369 S.W.3d 196, 198 (Tex. Crim. App. 2012) ; 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 the day sentence is imposed in open court, or ninety days after the sentence is imposed in open court if the defendant timely files a motion for new trial. See T EX

. R

. A PP

. P. 26.2(a)(1),(2) ; Smith , 559 S.W.3d at 531 . While a court of appeals may extend the time to file the notice of appeal, both the notice of appeal and the motion f or extension of time must be filed within fifteen days after the deadline for filing the notice of appeal. See id. R. 26.3. In the absenc e of a timely filed notice of appeal, a court of appeals does not have jurisdiction to address the merits of the appeal in a criminal case and can take no action other than to dismiss the appeal for want of jurisdiction. Castillo , 369 S.W.3d at 198; Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) ; Ex parte Matthews , 452 S.W.3d 8, 11 (Tex. App.

— San Antonio 2014, no pet.)

. Here, appellant ’ s notice of appeal was filed more than eight years after sentence was imposed and is un timely. See T EX

. R. A PP

. P. 26.2(a)(1),(2). On July 15, 2020, the Clerk of the Court notified appellant of this defect so that it could be corrected, if possible , and advised appellant that the appeal would be dismissed if the defect w as not cured. See T EX

. R. A PP

. P . 37.1. Appellant did not respond to the Court ’ s directive . We note that only the Texas Court of Criminal Appeals has jurisdiction to grant appellant an out

- of

- time3 appeal for his felony conviction. See T EX

. C ODE C RIM

. P ROC . art. 11.07; Ater v. Eighth Ct

. of Apps

. , 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that a writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal Procedure governs out

- of

- time appeals from felony convictions). This Court has no original habeas corpus jurisdiction in criminal cases. See Bd

. of Pardons and Paroles ex rel. Keene v. Ct

. of Apps

. for the Eighth Dist

. , 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) ; Ashorn v. State , 77 S.W.3d 405, 409 (Tex. App.

— Houston [1st Dist.] 2002, pet. ref ’ d)

. Accordingly, we dismiss the appeal and all relief sought therein for lack of jurisdiction. NORA L. LONGORIA Justice Do not publish. T EX

. R. A PP

. P. 47.2(b).

D elivered and filed the 30th day of December , 2020.