NUMBER 13-15-00266-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

KEVIN DAVIS, Appellant,

v.

THE STATE OF TEXAS, Appellee.

____________________________________________________________

On appeal from the 214th District Court

of Nueces County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Benavides and Perkes

Memorandum Opinion Per Curiam

Appellant Kevin Davis attempted to perfect an appeal from a conviction for murder. 

Judgment and sentence was imposed on October 8, 2014, and the notice of appeal was 

filed on June 8, 2015. On June 15, 2015, the Clerk of this Court notified appellant that it 

appeared that the appeal was not timely perfected. Appellant was advised that the 

appeal would be dismissed if the defect was not corrected within ten days from the date 
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of receipt of the Court’s directive. More than ten days have passed, and no response 

has been received, although appellant has filed his docketing statement. 

Texas Rule of Appellate Procedure 26.2 provides that an appeal is perfected when 

notice 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. TEX. R. APP. P. 26.2(a)(1). 

Where a timely motion for new trial has been filed, notice of appeal shall be filed within 

ninety days after the sentence is imposed or suspended in open court. See id. R. 

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 files the notice of appeal and a motion 

complying with Rule 10.5(b) of the Texas Rules of Appellate Procedure. See id. R. 26.3.

Appellant did not file a motion for new trial, and accordingly, his notice of appeal 

was due to have been filed on or before November 7, 2014. See id. R. 26.2(a)(2). 

Appellant’s notice of appeal was filed almost seven months after this deadline. 

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). When a 

notice of appeal is filed within the fifteen-day period but no timely motion for extension of 

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 other than to dismiss the 

appeal for want of jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 

1998). 
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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, the 

availability of that remedy is beyond the jurisdiction of this Court. See TEX. CODE CRIM.

PROC. ANN. art. 11.07, § 3(a) (West, Westlaw through Ch. 46 2015 R.S.); 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. 

TEX. R. APP. P. 47.2(b).

Delivered and filed

the 23rd day of July, 2015.