COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00202-CR
NO. 02-16-00203-CR
NO. 02-16-00204-CR
JORDAN BAJONERO-PALMA APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 362ND DISTRICT COURT OF DENTON COUNTY
TRIAL COURT NOS. F-2014-2221-D, F-2014-2222-D, F-2014-2223-D
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MEMORANDUM OPINION1
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On October 16, 2015, appellant Jordan Bajonero-Palma pleaded guilty to
and was convicted of possession of a controlled substance, committed on March
23, 2014; aggravated robbery, committed on April 7, 2014; and two counts of
aggravated robbery, both committed on April 6, 2014. The trial court assessed
1
See Tex. R. App. P. 47.4.
his punishment at concurrent sentences of two years, twenty-five years, and
twenty-five years, respectively. In each case, the trial court certified that
Appellant had the right to appeal. See Tex. R. App. P. 25.2(a)(2). Appellant did
not file a motion for new trial in the trial court, but did file pro se notices of appeal
from the trial court’s judgments on April 25, 2016.
On June 3 and July 21, 2016, we notified Appellant that we did not believe
we had jurisdiction over his appeals because the notices of appeal had not been
filed timely. See Tex. R. App. P. 26.2(a). We warned Appellant that we would
dismiss his appeals for want of jurisdiction unless he or any other party
responded showing grounds to continue the appeals. See Tex. R. App. P. 44.3.
Appellant responded that his notices were untimely because his attorney “said he
was going to file a notice of appeal” but “did not.”
Our appellate jurisdiction is triggered through a timely filed notice of
appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). If a notice
of appeal is not timely filed under Rule 26.2, we do not have jurisdiction to
address the merits of the appeal and may take no action—including granting an
out-of-time appeal—other than dismissal. Slaton v. State, 981 S.W.2d 208, 210
(Tex. Crim. App. 1998). Rule 26.2(a) requires that a notice of appeal be filed
within thirty days after the date the trial court imposes sentence. Tex. R. App. P.
26.2(a). Appellant did not file his notices of appeal within thirty days of the trial
court’s imposition of sentences; thus, we have no jurisdiction over his appeals
and dismiss them. See Tex. R. App. P. 43.2(f).
2
/s/ Lee Gabriel
LEE GABRIEL
JUSTICE
PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: August 18, 2016
3