NO. 07-04-0027-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E APRIL 8, 2004 ______________________________

GERALD BARROW, APPELLANT V. THE STATE OF TEXAS, APPELLEE

_________________________________ FROM THE 108TH DISTRICT COURT OF POTTER COUNTY; NO. 29,237-E; HONORABLE ABE LOPEZ, JUDGE _______________________________ Before REAVIS and CAMPBELL, JJ., and BOYD, S.J.1

MEMORANDUM OPINION

Appellant Gerald Barrow, an inmate proceeding pro se, filed a purported notice of appeal on January 22, 2004, seeking review of his conviction for delivery of a controlled

John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. substance. He asserts he was convicted in 1989 or 1990. We dismiss for want of jurisdiction.

A defendant must file a written notice of appeal with the trial court clerk within the deadlines provided in Rule 26.2(a)(1) of the Texas Rules of Appellate Procedure. The rules provide for a 15 day extension in which to file the notice if a motion for extension of time in compliance with Rule 10.5(b)(2) is filed in this Court. Tex. R. App. P. 26.3(b). The Court is without jurisdiction to address the merits of an appeal and can take no action other than to dismiss the appeal if an appeal is not timely perfected. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Cr.App. 1998). Appellant’s purported notice of appeal by which he challenges a 15 year old conviction is untimely and does not invoke our jurisdiction.

Accordingly, the purported appeal is dismissed for want of jurisdiction.2

Don H. Reavis Justice

Appellant may have recourse by filing a post-conviction writ of habeas corpus with the clerk of the court in which the conviction was obtained and be returnable to the Court of Criminal Appeals for consideration of an out-of-time appeal. See Tex. Code Crim. Proc.

Ann. art 11.07 (Vernon Supp. 2004).