Adan Martinez v. State

02-13-045-CR


COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

 

 

 

NO. 02-13-00045-CR

 

 

Adan Martinez

 

 

 

v.

 

 

 

The State of Texas

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From the 371st District Court

 

of Tarrant County (1219208D)

 

March 14, 2013

 

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

 

 

 

PER CURIAM

 

 

 

 

 


COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

 

 

 

NO. 02-13-00045-CR

 

 

Adan Martinez

 

APPELLANT

 

V.

 

The State of Texas

 

STATE

 

 

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FROM THE 371st District Court OF Tarrant COUNTY

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MEMORANDUM OPINION[1]

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Adan Martinez attempts to appeal from his conviction and fifteen-year sentence for aggravated kidnapping.

The trial court sentenced appellant on October 17, 2011.  Because appellant did not file a motion for new trial, his notice of appeal was due November 16, 2011.  See Tex. R. App. P. 26.2(a)(1).  Appellant did not file a notice of appeal until February 1, 2013 (which he mailed on January 28, 2013).  We have received no response to our February 5, 2013 inquiry regarding jurisdiction.

Because appellant did not timely invoke the jurisdiction of this court,[2] we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 43.2(f); Olivo v. State, 918 S.W.2d 519, 522–23 (Tex. Crim. App. 1996).

 

PER CURIAM

 

PANEL:  LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

 

DO NOT PUBLISH

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

 

DELIVERED:  March 14, 2013



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

[2]Even if appellant’s notice of appeal had been timely, the trial court’s certification of his right to appeal correctly states that this “is a plea-bargain case, and the defendant has NO right of appeal.”  See Tex. R. App. P. 25.2(a)(2), (d).