Angel Ricky Espinoza A/K/A Jose Ricky Angel Espinoza v. State ( 2015 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00075-CR
ANGEL RICKY ESPINOZA A/K/A APPELLANT
JOSE RICKY ANGEL ESPINOZA
V.
THE STATE OF TEXAS STATE
----------
FROM COUNTY COURT AT LAW NO. 1 OF PARKER COUNTY
TRIAL COURT NO. CCL1-13-0555
----------
MEMORANDUM OPINION1
----------
On February 12, 2015, Appellant Angel Ricky Espinoza a/k/a Jose Ricky
Angel Espinoza filed a notice of appeal attempting to appeal his October 28,
2013 conviction for possession of a controlled substance—synthetic
cannabinoid—in an amount of two ounces or less. On March 23, 2015, we
notified Espinoza that it appeared we lacked jurisdiction over this appeal because
1
See Tex. R. App. P. 47.4.
the notice of appeal was not timely filed. See Tex. R. App. 26.2(a). We advised
him that this appeal could be dismissed unless he, or any party desiring to
continue the appeal, filed a response showing grounds for continuing the appeal
on or before April 2, 2015. We received no response.
A timely notice of appeal is essential to vest this court with jurisdiction.
See Olivo v. State, 918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996). 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). Accordingly, we dismiss this appeal for
lack of jurisdiction.2 See Tex. R. App. P. 43.2(f).
/s/ Sue Walker
SUE WALKER
JUSTICE
PANEL: WALKER, MEIER, and GABRIEL, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: May 28, 2015
2
We also note that the trial court’s certification of defendant’s right of
appeal states that this “is a plea-bargain case, and the defendant has NO right of
appeal.”
2