Opinion
NO. 02-15-00075-CR
05-28-2015
ANGEL RICKY ESPINOZA A/K/A JOSE RICKY ANGEL ESPINOZA APPELLANT v. THE STATE OF TEXAS STATE
FROM COUNTY COURT AT LAW NO. 1 OF PARKER COUNTY
TRIAL COURT NO. CCL1-13-0555
MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
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 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.See Tex. R. App. P. 43.2(f).
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."
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/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 DO NOT PUBLISH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