Ernest A. Espinoza v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00499-CR
Ernest A. ESPINOZA,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CR-4169-B
Honorable Philip A. Kazen, Jr., Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: August 20, 2003

DISMISSED FOR WANT OF JURISDICTION

The court of criminal appeals granted Ernest Espinoza an out-of-time appeal in this case. In its opinion, the court expressly stated "Applicant, should he desire to prosecute an appeal, must take affirmative steps to see that notice of appeal is given within thirty days after the mandate of this Court has issued." Ex parte Espinoza, No. 74638, 2003 WL 1922470, at *1 (Tex. Crim. App. April 23, 2003) (not designated for publication). The date of the court of criminal appeal's mandate is May 19, 2003. The deadline for perfecting an appeal was therefore June 18, 2003. See Tex. R. App. P. 26.2(a)(1). Espinoza filed his notice of appeal on July 7, 2003.

On July 31, 2003, after we notified him that his notice of appeal was untimely, Espinoza filed

a motion for extension of time to file the notice of appeal. See Tex. R. App. P. 26.3. An "appellate court may extend the time to file the notice of appeal if, within 15 days after the deadline for filing the notice of appeal, the party: (a) files in the trial court the notice of appeal; and (b) files in the appellate court a motion complying with Rule 10.5(b)." Id. The Court of Criminal Appeals has expressly stated that, without a timely-filed notice of appeal or motion for extension of time, we cannot exercise jurisdiction over an appeal. Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App.1996). Here, Espinoza neither filed his notice of appeal nor a motion complying with Rule 10.5(b) within 15 days after the June 18, 2003 deadline for filing the notice of appeal. Consequently, we cannot exercise jurisdiction over this appeal. See Slaton, 981 S.W.2d at 210; Olivo, 918 S.W.2d at 522. This appeal is therefore dismissed for want of jurisdiction.

PER CURIAM

Do Not Publish