Opinion
No. 05-13-00148-CR
07-30-2013
ERNESTO CANTU, Appellant v. THE STATE OF TEXAS, Appellee
DISMISS; Opinion Filed July 30, 2013
On Appeal from the County Criminal Court of Appeals No. 1
Dallas County, Texas
Trial Court Cause No. MC-11-R-0006-D
MEMORANDUM OPINION
Before Justices Lang, Myers, and Evans
Opinion by Justice Lang
A Coppell municipal court jury convicted Ernesto Cantu of class C misdemeanor theft and assessed a $500 fine. See TEX. PENAL CODE ANN. §§ 12.23 (West 2011), 31.03(a),(e)(1)(A) (West Supp. 2012). Cantu appealed to the Dallas County Criminal Court of Appeals, which issued a judgment on October 3, 2012 affirming the municipal court's judgment. Cantu did not file a motion for new trial, making his notice of appeal due no later than November 2, 2012 or, with an extension motion, no later than November 19, 2012. See TEX. RS. APP. P. 4.1(a), 26.2(a), 26.3. Cantu's notice of appeal, however, was not filed until December 5, 2012.
A timely notice of appeal is essential to vest this Court with jurisdiction. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam). Because Cantu's notice of appeal was untimely, we lack jurisdiction over this appeal and dismiss. See TEX. R. APP. P. 43.2(f).
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JUSTICE
Do Not Publish
TEX. R. APP. P. 47
130148F.U05
JUDGMENT
ERNESTO CANTU, Appellant V. THE STATE OF TEXAS, Appellee No. 05-13-00148-CR
On Appeal from the County Criminal Court of Appeals No. 1, Dallas County, Texas
Trial Court Cause No. MC-11-R-0006-D. Opinion delivered by Justice Lang. Justices Myers and Evans participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
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DOUGLAS S. LANG
JUSTICE