Opinion
NO. 02-14-00061-CR
03-20-2014
RUBEN VASQUEZ APPELLANT v. THE STATE OF TEXAS STATE
FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
MEMORANDUM OPINION
Appellant Ruben Vasquez pleaded guilty to theft pursuant to a plea bargain, and on October 23, 2013, the trial court sentenced him to one year in jail in accordance with the plea bargain. The trial court's certification of his right to appeal states that this case "is a plea-bargain case, and the defendant has NO right of appeal." See Tex. R. App. P. 25.2(a)(2). Vasquez filed a notice of appeal on February 10, 2014.
On February 20, 2014, we notified Vasquez that this appeal could be dismissed based on the trial court's certification and based on his untimely-filed notice of appeal unless he or any party desiring to continue the appeal filed a response on or before March 3, 2014, showing grounds for continuing the appeal. See Tex. R. App. P. 25.2(a)(2), 26.2(a)(1), 43.2(f). Vasquez filed a response, but it does not state grounds for continuing the appeal.
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) (reasoning that if an appeal is not timely perfected, a court of appeals has no jurisdiction to address the merits of the appeal and can take no action other than to dismiss it). For this reason and in accordance with the trial court's certification, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 25.2(d), 43.2(f); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).
PER CURIAM PANEL: WALKER, MCCOY, and MEIER, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
See Tex. R. App. P. 47.4.