Andre Hylton v. State

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-11-00016-CR

ANDRE HYLTON APPELLANT V.

THE STATE OF TEXAS STATE

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FROM THE 367TH DISTRICT COURT OF DENTON COUNTY ----------

MEMORANDUM OPINION1 ----------

On January 11, 2011, Appellant Andre Hylton filed a notice of appeal from a judgment imposed on September 8, 2010, convicting him of theft. Apparently recognizing that he had filed the notice of appeal late, see Tex. R. App. P. 26.2(a)(1), Hylton also filed a motion for an out-of-time appeal. This court does not have authority to grant an out-of-time appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (reasoning that if an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal and can take no action other than to dismiss the appeal).

Accordingly, we deny Hylton’s motion for an out-of-time appeal, and we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).

PER CURIAM PANEL: MEIER, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: March 10, 2011