
NO. 07-06-0107-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

MARCH 30, 2006
______________________________

GUADALUPE VALDEZ,

									Appellant

v.

THE STATE OF TEXAS,

									Appellee
_________________________________

FROM THE 251ST DISTRICT COURT OF POTTER COUNTY;

NO. 50,140-C; HON. PATRICK A. PIRTLE, PRESIDING
_______________________________

Order of Dismissal
_______________________________

Before QUINN, C.J., and REAVIS and HANCOCK, JJ.
	Guadalupe Valdez, appellant, attempts to appeal her conviction for aggravated
sexual assault of a child.  The trial court imposed her sentence in open court on February
14, 2006.  Appellant then filed a notice of appeal on March 29, 2006.  We dismiss for want
of jurisdiction.
	To be timely, a notice of appeal must be filed within 30 days after the sentence is
imposed or suspended in open court or within 90 days after that date if a motion for new
trial is filed.  Tex. R. App. P. 26.2(a).  No motion for new trial having been filed here,
appellant's notice of appeal was due to be filed by March 16, 2006.  Because it was not so 
filed until on March 28, 2006, and because no extension of that deadline was sought, it was
late. 
	A timely filed 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Do not publish.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).

