Confer v. State

Full title: Warren Andrew Confer, Appellant v. The State of Texas, Appellee

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Feb 22, 2019

NO. 03-19-00043-CR (Tex. App. Feb. 22, 2019)

Opinion

NO. 03-19-00043-CR

02-22-2019

Warren Andrew Confer, Appellant v. The State of Texas, Appellee

Jeff Rose, Chief Justice

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL DISTRICT
NO. 02-677-K368 , HONORABLE BURT CARNES, JUDGE PRESIDING MEMORANDUM OPINION

Warren Andrew Confer filed a notice of appeal of his August 28, 2003 judgment of conviction for engaging in organized criminal activity. See Tex. Pen. Code § 71.02. The record reflects that Confer is attempting a second appeal of that conviction, which we affirmed in 2005. Confer v. State, No. 03-03-00546-CR, 2005 Tex. App. LEXIS 2820, at *13 (Tex. App.—Austin Apr. 14, 2005, pet. ref'd) (mem. op., not designated for publication). Our mandate in that appeal issued December 20, 2005. Confer subsequently filed an application for postconviction writ of habeas corpus, which the Court of Criminal Appeals denied November 21, 2018. See Tex. Code Crim Proc. art. 11.07, § 3. Confer then filed this notice of appeal January 16, 2019.

Confer's 2019 notice of appeal as to his 2003 conviction for engaging in organized criminal activity is untimely, and he is not entitled to a second appeal of that same conviction. Under the circumstances, we lack jurisdiction to dispose of this purported appeal in any manner other than by dismissing it for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 526 (Tex. Crim. App. 1996) (dismissing purported appeal for lack of jurisdiction based on untimely notice of appeal); see also Hines v. State, 70 S.W. 955, 957 (Tex. Crim. App. 1903) ("[O]nly one appeal can be made from a verdict and judgment of conviction in any case."); McDonald v. State, 401 S.W.3d 360, 361-63 (Tex. App.—Amarillo 2013, pet. ref'd) (dismissing for want of jurisdiction defendant's subsequent appeal of conviction that had previously been affirmed); see also Parrett v. State, No. 03-14-00273-CR, 2014 Tex. App. LEXIS 5788, at *1-2 n.2 (Tex. App.—Austin May 30, 2014, no pet.) (mem. op., not designated for publication) (same).

The appeal is dismissed for want of jurisdiction.

/s/_________

Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Kelly and Smith Dismissed for Want of Jurisdiction Filed: February 22, 2019 Do Not Publish