                            NUMBER 13-08-00187-CR

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

MICHAEL FLORES, JR.,                                                         Appellant,
                                            v.

THE STATE OF TEXAS,                                 Appellee.
_____________________________________________________________

  On appeal from the 148th District Court of Nueces County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Yañez and Rodriguez
                  Memorandum Opinion Per Curiam

       Appellant, Michael Flores, Jr., attempted to perfect an appeal from a conviction for

intoxication assault. We dismiss the appeal for want of jurisdiction.

       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). 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).

       On April 10, 2008, the Clerk of this Court notified appellant that it appeared that the

appeal was not timely perfected and that the appeal would be dismissed if the defect was

not corrected within ten days from the date of receipt of the Court’s directive. Appellant

has not filed a response to the Court’s directive. We also note that the certification of

appellant’s right to appeal fails to reflect that appellant has the right to appeal. See TEX .

R. APP. P. 25.2(d).

       Appellant’s notice of appeal was untimely, and accordingly, we lack jurisdiction over

the appeal. See Slaton, 981 S.W.2d at 210. 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) (Vernon 2005); 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. See TEX . R. APP. P. 47.2(b).

Memorandum Opinion delivered and
filed this the 17th day of July, 2008.




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