Ernesto Cantu v. State

• Court: Court of Appeals of Texas
• Decided: July 30, 2013
• Docket: 05-13-00148-CR
• Status: Published

Opinion

DISMISS; Opinion Filed July 30, 2013.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00148-CR

ERNESTO CANTU, Appellant V. THE STATE OF TEXAS, Appellee

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).

/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

Do Not Publish TEX. R. APP. P. 47 130148F.U05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ERNESTO CANTU, Appellant On Appeal from the County Criminal Court of Appeals No. 1, Dallas County, Texas No. 05-13-00148-CR V. Trial Court Cause No. MC-11-R-0006-D. Opinion delivered by Justice Lang. Justices THE STATE OF TEXAS, Appellee Myers and Evans participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered this 30th day of July, 2013.

/Lana Myers/ DOUGLAS S. LANG JUSTICE

–3–