Bradley v. State

Full title: GERALD L. BRADLEY APPELLANT v. THE STATE OF TEXAS STATE

Court: COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Feb 5, 2015

NO. 02-14-00495-CR (Tex. App. Feb. 5, 2015)

Opinion

NO. 02-14-00495-CR

02-05-2015

GERALD L. BRADLEY APPELLANT v. THE STATE OF TEXAS STATE

PER CURIAM

FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY
TRIAL COURT NO. 0918827D
MEMORANDUM OPINION¹

1 See Tex. R. App. P. 47.4.

On December 3, 2014, Appellant Gerald L. Bradley filed a notice of appeal from the trial court's August 21, 2014 orders denying his "Motion of Request to Reverse Conviction for Improper Grand Jury Procedures" and his "Motion to Show-Cause Order." On December 18, 2014, we notified Bradley that it appears we lack jurisdiction over this matter because the notice of appeal was not timely filed. See Tex. R. App. P. 26.2(a). We advised that this appeal could be dismissed unless he, or any party desiring to continue the appeal, filed a response showing grounds for continuing the appeal on or before December 29, 2014. Bradley filed a response, but it does not show grounds for continuing the appeal.

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). Additionally, unless expressly authorized by statute, appellate courts have jurisdiction to review only final judgments of conviction in criminal cases. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991); see Tex. Code Crim. Proc. Ann. art. 44.02 (West 2006) ("A defendant in any criminal action has the right of appeal under the rules hereinafter prescribed . . . ."). This court does not have jurisdiction to review the denial of Bradley's post-judgment motions.² Accordingly, the appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 43.2(f).

2 On January 29, 2015, we received a pro se letter from Bradley. We interpret his letter as a motion requesting that this court appoint counsel for him and order the trial court to provide him a record and make certain findings and conclusions. Because we determine that we lack jurisidiction, we deny Bradley's motion.
--------

PER CURIAM PANEL: WALKER, MEIER, and GABRIEL, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 5, 2015