Opinion
No. 10-07-00150-CR.
opinion delivered and filed May 30, 2007.
Appeal from the 13th District Court Navarro County, Texas Trial Court No. 00-00-28883-CR.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Billy Coye Bartee has filed a Motion for Leave of Court to File an Out-of-Time Appeal. Bartee was convicted in 2004 of an unspecified offense involving a controlled substance and sentenced to thirty years' imprisonment. He states in his motion for out-of-time appeal that he instructed trial counsel to file an appeal, but counsel failed to carry out his instructions. However, this Court does not have jurisdiction to grant an out-of-time appeal.
The appropriate vehicle for seeking an out-of-time appeal is a post-conviction habeas application made returnable to the Court of Criminal Appeals under article 11.07 of the Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon 2005); Portley v. State, 89 S.W.3d 188, 189 (Tex.App.-Texarkana 2002, no pet.); Reyes v. State, 883 S.W.2d 291, 293 n. 2 (Tex.App.-El Paso 1994, no pet.). Thus, we deny the motion for an out-of-time appeal.
Because Bartee did not file a timely notice of appeal, we must dismiss this appeal for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Fowler v. State, 16 S.W.3d 426, 428 (Tex.App.-Waco 2000, pet. ref'd).