Stephaine Espinosa v. The State of Texas--Appeal from 251st District Court of Potter County
Annotate this Case
Download PDF
NO. 07-06-0043-CR NO. 07-06-0044-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C MARCH 8, 2006 ______________________________ STEPHANIE LINDA ESPINOSA, Appellant v. THE STATE OF TEXAS, Appellee _________________________________ FROM THE 251ST DISTRICT COURT OF POTTER COUNTY; NOS. 50,641-C & 50,642-C; HON. PATRICK A. PIRTLE, PRESIDING _______________________________ Before QUINN, C.J., and REAVIS and HANCOCK, JJ. Stephanie Linda Espinosa, appellant, attempts to appeal her convictions for possession of a controlled substance in a drug free zone. The court imposed her sentence in both causes in open court on December 12, 2005. Appellant then filed a notice of appeal in both cases on January 30, 2006. We dismiss for want of jurisdiction. To be timely, a notice of appeal must be filed within 30 days after the sentence is imposed or suspended in open court or within 90 days after that date if a motion for new trial is filed. TEX . R. APP. P. 26.2(a). No motion for new trial having been filed, appellant's notice of appeal was due to be filed January 11, 2006. Because the record discloses that appellant s notice of appeal was received by the trial court clerk on January 30, 2006, in both cases, without seeking an extension of the deadline, TEX . R. APP. P. 26.3, the notices of appeal were late. A timely filed notice of appeal is essential to invoke our appellate jurisdiction. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). If it is untimely, we can take no action other than to dismiss the proceeding. Id. at 523. Appellant's notices being untimely filed, we have no jurisdiction over the matters and dismiss the appeals. Accordingly, appellant s appeals are dismissed.1 Brian Quinn Chief Justice Do not publish. 1 The appropriate vehicle for seeking an out-of-time appeal from a fin al fe lony convictio n is by writ of habeas corpus pursuan t to Article 11.07 of the T exa s C ode of C rim inal Pro ced ure. See T EX . C ODE C RIM . P R O C . A N N . art. 11.07 (Verno n 2005). 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
