Joseph Campanella v. State ( 2014 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00006-CR
JOSEPH CAMPANELLA APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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On December 19, 2013, Appellant Joseph Campanella filed a pro se notice
of appeal from a judgment and sentence entered more than nine months
before—on February 5, 2013—for possession with intent to deliver a controlled
substance. See Tex. R. App. P. 26.2(a)(1). Further, Appellant’s sentence was
the result of a plea-bargain agreement in exchange for his guilty plea; therefore,
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See Tex. R. App. P. 47.4.
the trial court certified that Appellant did not have the right to appeal. See Tex.
R. App. P. 25.2(a)(2). Believing we did not have jurisdiction over his appeal, we
notified Appellant and his counsel on January 13, 2014, that we would dismiss
the appeal unless he or any other party could show grounds for continuing it.
See Tex. R. App. P. 25.2(d), 44.3. Appellant responded by filing a motion for
leave to file an out-of-time appeal.
We do 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 appeal is
not timely perfected, court of appeals has no jurisdiction to address merits of
appeal and can take no action other than dismissal). Appellant’s notice of
appeal, filed more than thirty days after his sentence was imposed, does not
invoke our jurisdiction. See Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App.
1996). Thus, we deny Appellant’s motion for an out-of-time appeal and dismiss
the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
/s/ Lee Gabriel
LEE GABRIEL
JUSTICE
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GABRIEL, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 20, 2014
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