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
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MEMORANDUM OPINION (footnote: 1)
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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. (footnote: 2) Appellant did not file his notice of appeal until April 22, 2003; thus, it was untimely. (footnote: 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. (footnote: 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. (footnote: 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. (footnote: 6)
Because Appellant’s notice of appeal was untimely filed, we dismiss this appeal for want of jurisdiction. (footnote: 7)
PER CURIAM
PANEL D: DAUPHINOT, HOLMAN, and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 12, 2003
FOOTNOTES
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).