Steven Hopper v. the State of Texas

IN THE
TENTH COURT OF APPEALS

No. 10-23-00116-CR

STEVEN HOPPER,
Appellant
v.

THE STATE OF TEXAS,
Appellee

From the 87th District Court
Freestone County, Texas
Trial Court No. 22-053CR

MEMORANDUM OPINION

Steven Hopper, a prison inmate, seeks to appeal his conviction for driving while

intoxicated. The judgment was signed January 4, 2023. Because Appellant did not file a

motion for new trial, the notice of appeal was due to be filed by February 3, 2023. See

TEX. R. APP. 26.2(a)(1). Appellant filed his notice of appeal on April 20, 2023.

A court of appeals' jurisdiction is invoked by a timely, written notice of appeal.

Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988). Because Appellant's notice of
appeal is untimely, we have no jurisdiction over the appeal. Olivo v. State, 918 S.W.2d

519, 522 (Tex. Crim. App. 1996).

The appellant in a criminal case may pursue an out-of-time appeal by filing a

writ of habeas corpus with the Texas Court of Criminal Appeals. See Ater v. Eighth

Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).

Because Appellant's notice of appeal was late, this appeal is dismissed.

STEVE SMITH
Justice

Before Chief Justice Gray,
Justice Johnson,
Justice Smith
Dismissed
Opinion delivered and filed May 3, 2023
Do not publish
[CR25]

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