Reynaldo Roberto Esparza A/K/A "El Peine" v. State ( 2012 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00666-CR
Reynaldo Roberto ESPARZA a/k/a “El Peine,”
Appellant
v.
The STATE of Texas,
Appellee
From the 341st Judicial District Court, Webb County, Texas
Trial Court No. 2005-CRN-166-D3
Honorable Elma T. Salinas Ender, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: December 5, 2012
DISMISSED FOR LACK OF JURISDICTION
On October 12, 2012, appellant filed a notice of appeal in trial court cause number
2005CRN000166-D3. This court, however, previously affirmed appellant’s conviction in that
trial court cause number. See Esparza v. State, No. 04-08-00039-CR, 2009 WL 89697 (Tex.
App.—San Antonio Jan. 14, 2009, no pet.). Although the Texas Court of Criminal Appeals
granted appellant’s post-conviction application for writ of habeas corpus, the relief granted only
permitted appellant to file an out-of-time petition for discretionary review of this court’s
judgment in our cause number 04-08-00039-CR. See Ex parte Esparza, No. AP-76839, 2012
04-12-00666-CR
WL 3996425 (Tex. Crim. App. Sept. 12, 2012). The Court did not grant appellant permission to
file a new appeal. See id.
On October 24, 2012, this court ordered appellant to show cause in writing why this
appeal should not be dismissed for lack of jurisdiction. On November 21, 2012, appellant’s
attorney filed a letter stating appellant does not intend to file a response to this court’s order.
Therefore, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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