Opinion
No. 04-17-00024-CR
03-01-2017
Samuel Charles PERKINS, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 186th Judicial District Court, Bexar County, Texas
Trial Court Nos. CM021772, CM021773, CM021774, CM000409, CM000410, CM021770, CM021771, CM022491, CM022492, CM022493, CM023681, CM023682
Honorable Andrew Carruthers, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice DISMISSED FOR WANT OF JURISDICTION
On January 12, 2017, Appellant Samuel Charles Perkins filed a motion in this court for leave to file a late notice of appeal. His motion lists twelve different magistrate court cause numbers, but his motion does not identify a specific judgment for which he wishes to file a late notice of appeal, and the clerk's record does not appear to contain an appealable order or judgment.
This court has already dismissed appeals for want of jurisdiction in these same cause numbers on four separate occasions: 04-15-00756-CR, 04-16-00046-CR, 04-16-00467-CR, and 04-17-00023-CR. Further, this court lacks jurisdiction in final post-conviction felony proceedings. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991).
When applicable, an appellant may petition the trial court for court-appointed counsel to prepare an application for writ of habeas corpus for permission to pursue an out-of-time appeal with the Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (stating that an out-of-time appeal from a final felony conviction may be sought by filing a writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure).
On January 31, 2017, we ordered Appellant to show cause in writing by February 15, 2017, why this appeal should not be dismissed for want of jurisdiction. We warned Appellant that if he failed to show cause in writing as ordered, this appeal would be dismissed. See Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012) (citing Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996)) ("If a notice of appeal is not timely filed, the court of appeals has no option but to dismiss the appeal for lack of jurisdiction." (emphasis added)); Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991) ("The courts of appeals do not have jurisdiction to review interlocutory orders unless that jurisdiction has been expressly granted by law."); see also Ragston v. State, 424 S.W.3d 49, 52 (Tex. Crim. App. 2014) (excessive or denied bail); Sanchez v. State, 340 S.W.3d 848, 852 (Tex. App.—San Antonio 2011, no pet.) (reduction of bail); Bridle v. State, 16 S.W.3d 906, 908 (Tex. App.—Fort Worth 2000, no pet.) (condition of pretrial bond).
Appellant did not file a written response addressing our January 31, 2017 order. Because the clerk's record does not contain an appealable order or judgment, we have no authority to address Appellant's complaints. See TEX. CODE CRIM. PROC. ANN. art. 44.02; Abbott, 271 S.W.3d at 697, n.8 ("[C]ourts of appeals have no appellate jurisdiction in criminal matters 'absent a specific authorization by law.'" (quoting Abbott v. State, 245 S.W.3d 19, 23 (Tex. App.—Waco 2007), rev'd, 271 S.W.3d 694 (Tex. Crim. App. 2008)) (Gray, C.J., dissenting)). We dismiss this appeal for want of jurisdiction. See Abbott, 271 S.W.3d at 697 n.8.
PER CURIAM DO NOT PUBLISH