Ruben Vasquez v. State ( 2011 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00166-CR
RUBEN VASQUEZ APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 213TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
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On May 4, 2011, Appellant Ruben Vasquez filed a notice of appeal from a
judgment and sentence imposed two years earlier on June 19, 2009, for
attempted burglary. Apparently recognizing that he had filed the notice of appeal
late, see Tex. R. App. P. 26.2(a)(1), Appellant also filed a motion for an out-of-
time appeal.
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See Tex. R. App. P. 47.4.
This court does not have authority to grant an out-of-time appeal. See
Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (reasoning that if an
appeal is not timely perfected, a court of appeals has no jurisdiction to address
the merits of the appeal and can take no action other than to dismiss it).
Accordingly, we deny Appellant’s motion for an out-of-time appeal, and we
dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Olivo v.
State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).
PER CURIAM
PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 2, 2011
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