Adan Martinez v. State

• Court: Court of Appeals of Texas
• Decided: March 14, 2013
• Docket: 02-13-00045-CR
• Status: Published

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-13-00045-CR

Adan Martinez § From the 371st District Court

§ of Tarrant County (1219208D)

v. § March 14, 2013

§ Per Curiam

The State of Texas § (nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that

the appeal should be dismissed. It is ordered that the appeal is dismissed for

want of jurisdiction.

SECOND DISTRICT COURT OF APPEALS

PER CURIAM COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

ADAN MARTINEZ APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY

MEMORANDUM OPINION1

Adan Martinez attempts to appeal from his conviction and fifteen-year

sentence for aggravated kidnapping.

The trial court sentenced appellant on October 17, 2011. Because

appellant did not file a motion for new trial, his notice of appeal was due

November 16, 2011. See Tex. R. App. P. 26.2(a)(1). Appellant did not file a

notice of appeal until February 1, 2013 (which he mailed on January 28, 2013). 1 See Tex. R. App. P. 47.4.

2 We have received no response to our February 5, 2013 inquiry regarding

jurisdiction.

Because appellant did not timely invoke the jurisdiction of this court,2 we

dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Olivo v.

State, 918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996).

PER CURIAM

PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DO NOT PUBLISH Tex. R. App. P. 47.2(b)

DELIVERED: March 14, 2013

2 Even if appellant’s notice of appeal had been timely, the trial court’s certification of his right to appeal correctly states that this “is a plea-bargain case, and the defendant has NO right of appeal.” See Tex. R. App. P. 25.2(a)(2), (d).