Full Opinion

NUMBER 13-26-00651-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG PETE BASQUEZ III, Appellant, v. THE STATE OF TEXAS, Appellee. ON APPEAL FROM THE 2ND 25TH DISTRICT COURT OF LAVACA COUNTY, TEXAS MEMORANDUM OPINION Before Justices Silva, Peña, and West Memorandum Opinion by Justice West This cause is before the Court on appellant’s untimely notice of appeal. On January 7, 2026, the trial court issued a judgment of conviction in cause number 2023-08- 10579CR. On September 15, 2026, appellant filed a notice of appeal. On September 18, 2026, the Clerk of the Court notified appellant’s counsel that it appeared the appeal had not been timely perfected. Appellant’s counsel was further notified that if the defect was not cured within ten days from the date of the notice, the appeal would be dismissed. 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). A notice of appeal must be filed within thirty days after the day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order. TEX. R. APP. P. 26.2(a)(1). A notice of appeal may be filed within ninety days if the defendant files a timely motion for new trial. See id. R. 26.2(a)(2). The time within which to file the notice of appeal may also 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. Absent a timely filed notice of appeal, a court of appeals does not have jurisdiction to address the merits of the appeal 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). Appellant did not file his notice of appeal within thirty days of the imposition of his sentence, and he did not file a timely motion for new trial. See TEX. R. APP. P. 26.2(a)(1), (a)(2). Appellant also did not file an accompanying Rule 10.5(b) motion within fifteen days after the deadline for filing the notice. See id. 26.2(a)(1), 26.3. Therefore, appellant’s notice of appeal is untimely, and we lack jurisdiction over the appeal. See Slaton, 981 S.W.2d at 210. The Court, having examined and fully considered the documents on file, is of the opinion that the appeal should be dismissed for want of jurisdiction. 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 2 is beyond this Court’s jurisdiction. See TEX. CODE CRIM. PROC. art. 11.07, § 3(a); see also Ex parte Garcia, 988 S.W.2d 240 (Tex. Crim. App. 1999). The appeal is hereby dismissed for want of jurisdiction. Within five days from the date of this Court’s opinion, counsel is ordered to send a copy of this opinion and this Court’s judgment to appellant. JON WEST Justice Do not publish. TEX. R. APP. P. 47.2(b). Delivered and filed on the 12th day of November, 2026. 3