Court of Civil Appeals of Texas, 2007

Betty Jo Leonard v. State

Betty Jo Leonard v. State
Court of Civil Appeals of Texas · Decided July 6, 2007

Betty Jo Leonard v. State

Opinion

NO. 07-07-0247-CR

NO. 07-07-0248-CR

NO. 07-07-0249-CR

NO. 07-07-0250-CR


IN THE COURT OF APPEALS


FOR THE SEVENTH DISTRICT OF TEXAS


AT AMARILLO


PANEL A


JULY 6, 2007



______________________________




BETTY JO LEONARD, APPELLANT


V.


THE STATE OF TEXAS, APPELLEE




_________________________________


FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;


NOS. 54,855-D; 55,454-D; 55,498-D; 55,604-D; HONORABLE DON EMERSON, JUDGE



_______________________________


Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court are Appellant Betty Joe Leonard's motions to dismiss the above referenced appeals. As required by Rule 42.2(a) of the Texas Rules of Appellate Procedure, the motions are signed by Appellant and her attorney. No decisions of this Court having been delivered, the motions are granted and the appeals are dismissed. No motions for rehearing will be entertained and our mandates will issue forthwith.

Accordingly, the appeals are dismissed.

Patrick A. Pirtle

Justice







Do not publish.

d notice of appeal is essential to invoke our appellate jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). If it is untimely, we can take no action other than to dismiss the proceeding. Id. at 523. Appellant's notice being untimely filed, we have no jurisdiction over the matter and dismiss the appeal.

Accordingly, appellant's appeal is dismissed. (1)



Brian Quinn

Chief Justice







Do not publish.

1. The appropriate vehicle for seeking an out-of-time appeal from a final felony conviction is by writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005).

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