Juan Cano Hernandez v. State

• Court: Court of Appeals of Texas
• Decided: June 12, 2003
• Docket: 02-03-00165-CR
• Status: Published

Opinion

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-03-165-CR

 

JUAN CANO HERNANDEZ                                                            APPELLANT

V.

THE STATE OF TEXAS                                                                     STATE

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FROM THE 211^TH DISTRICT COURT OF DENTON COUNTY

MEMORANDUM OPINION⁽¹⁾

        On December 5, 2002, after a jury trial, Appellant Juan Cano Hernandez was convicted of aggravated kidnapping and sentenced to twenty years' confinement. He timely filed a motion for new trial on January 3, 2003. His notice of appeal was therefore due on March 5, 2003.⁽²⁾ Appellant did not file his notice of appeal until April 22, 2003; thus, it was untimely.⁽³⁾

        Because the notice of appeal was untimely, we sent a letter to Appellant on May 2, 2003, requesting a response showing grounds for continuing the appeal, as it appeared we lacked jurisdiction.⁽⁴⁾ Appellant did not respond to this request.

        A notice of appeal that complies with the requirements of rule 26 is essential to vest this court with jurisdiction.⁽⁵⁾ The Texas Court of Criminal Appeals has expressly held that without a timely filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal.⁽⁶⁾

        Because Appellant's notice of appeal was untimely filed, we dismiss this appeal for want of jurisdiction.⁽⁷⁾

 

                                                            PER CURIAM

PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.

DO NOT PUBLISH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

DELIVERED: June 12, 2003

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1.

See Tex. R. App. P. 47.4.

2. See Tex. R. App. P. 26.2(a)(2).

3. Id.

4. See Tex. R. App. P. 44.3.

5. Tex. R. App. P. 26.2(a)(2); see Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); York v. State, 69 S.W.3d 792, 794 n.5 (Tex. App.--Fort Worth 2002, no pet.).

6. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Slaton, 981 S.W.2d at 210.

7. See Tex. R. App. P. 26.2(a)(2); Tex. R. App. P. 43.2(f).