Jorge David Martinez v. State

• Court: Court of Appeals of Texas
• Decided: October 4, 2012
• Docket: 02-12-00391-CR
• Status: Published

Opinion

02-10-391-CR

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-12-00391-CR

JORGE DAVID MARTINEZ

APPELLANT

V.

THE STATE OF TEXAS

STATE

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FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY

MEMORANDUM OPINION[1]

          Appellant Jorge David Martinez was convicted of felony driving while intoxicated on January 25, 2010, after he pleaded guilty in exchange for fifteen years’ confinement.

          On August 23, 2012, we received a notice of appeal from Martinez.  On August 24, 2012, we sent Martinez a letter stating that we were concerned that we may not have jurisdiction over the appeal because the notice of appeal was not timely filed and because the trial court’s certification of his right of appeal states that this “is a plea-bargain case, and the defendant has NO right of appeal.”  See Tex. R. App. P. 25.2, 26.2.  We instructed Martinez or any party desiring to continue the appeal to file a response by September 10, 2012, showing grounds for continuing the appeal, or the appeal would be dismissed. See Tex. R. App. P. 44.3.  No response has been filed.  Therefore, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 25.2, 26.2, 43.2(f).

                                                                             PER CURIAM

PANEL:  MCCOY, MEIER, and GABRIEL, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  October 4, 2012

The State of Texas

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From the 372nd District Court of Tarrant County (1182942D) October 4, 2012 Per Curiam (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

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[1]See Tex. R. App. P. 47.4.