Court of Appeals of Texas, 2011

Jerry Soliz Martinez v. State

Court of Appeals of Texas · Decided September 21, 2011

Opinion

MEMORANDUM OPINION

No. 04-11-00549-CR Jerry Soliz MARTINEZ, Appellant v. The STATE of Texas, Appellee From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2008CR1459 Honorable Lori I. Valenzuela, Judge Presiding

PER CURIAM Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: September 21, 2011 DISMISSED FOR WANT OF JURISDICTION

Appellant Jerry Soliz Martinez was sentenced on June 22, 2011. Because he did not file a motion for new trial, appellant’s notice of appeal was due to be filed no later than July 22, 2011. See TEX. R. APP. P. 26.2(a). Our records show (1) the notice of appeal was not filed until July 29, 2011, and (2) no motion for extension of time was filed. See TEX. R. APP. P. 26.3.

On August 17, 2011, we ordered appellant to show cause in writing by September 1, 2011, why his appeal should not be dismissed for want of jurisdiction. 1 To date, this court has not received any response to the order.

This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a timely, written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (“When a notice of appeal is filed within the fifteen-day period [after the notice of appeal was due to be filed] but no timely motion for extension of time is filed, the appellate court lacks jurisdiction.”); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988). Accordingly, this appeal is dismissed for want of jurisdiction.

PER CURIAM DO NOT PUBLISH

1 The trial court’s certification in this appeal states that “this criminal case is a plea-bargain case, and the defendant has NO right of appeal.” We must dismiss an appeal “if a certification that shows the defendant has a right of appeal has not been made part of the record.” See TEX. R. APP. P. 25.2(d). Appellant’s counsel notified this court in writing that counsel has reviewed the record and “can find no right of appeal for Appellant.”

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