CESAR ABEL TORRES v. THE STATE OF TEXAS (2012)

MEMORANDUM OPINION

Opinion By Justice Murphy

Cesar Abel Torres was convicted of aggravated robbery, and punishment was assessed at eleven years' imprisonment.   Sentence was imposed in open court on April 12, 2011, and no motion for new trial was filed.   Therefore, appellant's notice of appeal was due by May 12, 2011.   See Tex.R.App. P. 26.2(a)(1).   Appellant's pro se notice of appeal is file-stamped June 3, 2011, and, on its face, the notice of appeal states it was being filed within “35 days” of the sentencing date.   Nothing in the record reflects the notice of appeal was mailed on or before May 12, 2011.   See Tex.R.App. P. 9.2(b), Campbell v. State, 320 S.W.3d 338 (Tex.Crim.App.2010).   Appellant did not respond to our request for a letter brief addressing the Court's jurisdiction over the appeal.

Appellant's untimely notice of appeal leaves us without jurisdiction over the case.   See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App.1998) (per curiam).   Accordingly, we dismiss the appeal for want of jurisdiction.

Tex.R.App. P. 47

110879F.U05

MARY MURPHY JUSTICE