Summary
dismissing appeal for lack of jurisdiction when notice was file-stamped after deadline, record failed to show that notice was mailed by deadline, and appellant did not respond to court's request for brief addressing court's jurisdiction
Summary of this case from Burnett v. StateOpinion
No. 05-11-00879-CR
02-08-2012
CESAR ABEL TORRES, Appellant v. THE STATE OF TEXAS, Appellee
DISMISS and Opinion Filed February 8, 2012
On Appeal from the 195th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F09-13012-N
MEMORANDUM OPINION
Before Justices Moseley, Lang-Miers, and Murphy
Opinion By Justice Murphy
Cesar Abel Torres was convicted of aggravated robbery, and punishment was assessed at eleven years' imprisonment. Sentence was imposed in open court on April 12, 2011, and no motion for new trial was filed. Therefore, appellant's notice of appeal was due by May 12, 2011. See Tex. R. App. P. 26.2(a)(1). Appellant's pro se notice of appeal is file-stamped June 3, 2011, and, on its face, the notice of appeal states it was being filed within “35 days” of the sentencing date. Nothing in the record reflects the notice of appeal was mailed on or before May 12, 2011. See Tex. R. App. P. 9.2(b), Campbell v. State, 320 S.W.3d 338 (Tex. Crim. App. 2010). Appellant did not respond to our request for a letter brief addressing the Court's jurisdiction over the appeal.
Appellant's untimely notice of appeal leaves us without jurisdiction over the case. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam). Accordingly, we dismiss the appeal for want of jurisdiction.
MARY MURPHY
JUSTICE
Do Not Publish
Tex. R. App. P. 47
110879F.U05