Richardo Cantu Resendez v. State

• Court: Court of Appeals of Texas
• Decided: December 9, 2014
• Docket: 07-14-00378-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-14-00378-CR

RICARDO CANTU RESENDEZ, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 320th District Court Potter County, Texas Trial Court No. 68807-D, Honorable Don R. Emerson, Presiding

December 4, 2014

MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appearing pro se, appellant Ricardo Cantu Resendez attempts to appeal his

conviction and sentence of six years’ confinement in prison for fraudulent use or

possession of identifying information.1 Sentence was imposed on July 28, 2014, and

appellant filed a notice of appeal on October 17, 2014. Appellant did not file a motion

for new trial.

1 TEX. PENAL CODE ANN. § 32.51(c)(2) (West Supp. 2014). By letter, we notified appellant his notice of appeal appeared untimely thus

depriving us of appellate jurisdiction. We afforded him an opportunity to file documents

or matters he considered necessary for determination of our jurisdiction. Appellant

made no response.

Our appellate jurisdiction is triggered through a timely notice of appeal. Olivo v.

State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Appellate rule 26.2(a) requires a

notice of appeal in a criminal case be filed within 30 days after the day sentence is

imposed in open court or within 90 days after imposition of the sentence if a timely

motion for new trial is filed. TEX. R. APP. P. 26.2(a)(1), (2).

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

within thirty days after the date sentence was imposed in open court. Appellant’s notice

of appeal was filed more than eighty days after imposition of sentence and was

therefore untimely. Our appellate jurisdiction has not been invoked.

Consequently, we dismiss the appeal for want of jurisdiction.2

James T. Campbell Justice Do not publish.

2 We do not reach the second issue called to appellant’s attention by our letter. The trial court’s certification of appellant’s right to appeal states this “is a plea-bargain case and the defendant has no right of appeal.” TEX. R. APP. P. 25.2(a)(2),(d).