Reynaldo Roberto Esparza A/K/A "El Peine" v. State

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-12-00666-CR

Reynaldo Roberto ESPARZA a/k/a “El Peine,” Appellant v.

The STATE of Texas,

Appellee

From the 341st Judicial District Court, Webb County, Texas Trial Court No. 2005-CRN-166-D3 Honorable Elma T. Salinas Ender, Judge Presiding PER CURIAM

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: December 5, 2012

DISMISSED FOR LACK OF JURISDICTION

On October 12, 2012, appellant filed a notice of appeal in trial court cause number 2005CRN000166-D3. This court, however, previously affirmed appellant’s conviction in that trial court cause number. See Esparza v. State, No. 04-08-00039-CR, 2009 WL 89697 (Tex. App.—San Antonio Jan. 14, 2009, no pet.). Although the Texas Court of Criminal Appeals granted appellant’s post-conviction application for writ of habeas corpus, the relief granted only permitted appellant to file an out-of-time petition for discretionary review of this court’s judgment in our cause number 04-08-00039-CR. See Ex parte Esparza, No. AP-76839, 2012

WL 3996425 (Tex. Crim. App. Sept. 12, 2012). The Court did not grant appellant permission to file a new appeal. See id.

On October 24, 2012, this court ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. On November 21, 2012, appellant’s attorney filed a letter stating appellant does not intend to file a response to this court’s order. Therefore, this appeal is dismissed for lack of jurisdiction.

PER CURIAM DO NOT PUBLISH