COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00208-CR
NO. 02-13-00209-CR
RAINIER FRIMPONG AMANKWAH APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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Pursuant to a plea bargain in each case, Appellant Rainier Frimpong
Amankwah pled guilty to (1) engaging in organized criminal activity—making a
false statement to obtain property or credit of $20,000–$100,000 2 and (2) the
1
See Tex. R. App. P. 47.4.
2
See Tex. Penal Code Ann. §§ 32.32(a)–(b), (c)(5), 71.02(a)(1) (West 2011
& Supp. 2012).
fraudulent use or possession of ten–fifty items of identifying information, 3 and the
trial court convicted him and sentenced him to thirteen years’ confinement, with
the two sentences to run concurrently. The trial court imposed the sentences on
August 22, 2011. Appellant did not file a motion for new trial in either case, so
his notices of appeal were due September 21, 2011, but were not filed until May
7, 2013. The notices of appeal were therefore untimely. 4
Accordingly, we informed Appellant by letter on May 16, 2013, that these
appeals were subject to dismissal unless he or any party desiring to continue the
appeals filed a response showing grounds for continuing the appeals.
Appellant’s lawyer filed a response indicating that the pro se notices of appeal
were filed without his knowledge and stating his awareness that the cases could
not be appealed.
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, this court cannot exercise jurisdiction over an appeal. 6
3
See id. § 32.51(a)–(b), (c)(3).
4
See Tex. R. App. P. 26.2(a)(1).
5
See id.; Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012).
6
Castillo, 369 S.W.3d at 198; Olivo v. State, 918 S.W.2d 519, 522 (Tex.
Crim. App. 1996).
2
Because Appellant’s notices of appeal were untimely filed, we dismiss these
cases for want of jurisdiction. 7
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: October 17, 2013
7
See Tex. R. App. P. 26.2(a)(1), 43.2(f).
3