Opinion
No. 05-12-00015-CR
01-27-2012
JERRY GLENN COOKS, Appellant v. THE STATE OF TEXAS, Appelle
DISMISS; Opinion issued January 27, 2012
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause No. F02-52024-J
MEMORANDUM OPINION
Before Justices Bridges, O'Neill, and Fillmore
Opinion By Justice Bridges
In 2005, Jerry Glenn Cooks was convicted of possession with intent to deliver cocaine in an amount of one gram or more but less than four grams, and sentenced to twenty-five years' imprisonment. The jury made an affirmative finding that appellant used or exhibited a deadly weapon during the commission of the offense. The conviction was affirmed. See Cooks v. State, No. 05-03-01128-CR (Tex. App.-Dallas Apr. 21, 2005, pet. ref'd) (not designated for publication). In 2011, appellant filed a motion in the trial court seeking to have his judgment modified to delete the deadly weapon finding. The trial court denied appellant's motion on July 11, 2011. On January 5, 2012, appellant filed a "motion for out of time notice of appeal," and a notice of appeal challenging the trial court's denial of the motion to modify the judgment. The January 5, 2012 notice of appeal is untimely as to the July 11, 2011 order, see Tex. R. App. P. 26.2(a)(1), and this Court has no authority to grant appellant an out-of-time appeal. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (West Supp. 2011); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (Texas Court of Criminal Appeals only court with jurisdiction in final post-conviction felony proceedings).
We dismiss the appeal for want of jurisdiction.
DAVID L. BRIDGES
JUSTICE
Do Not Publish
Tex. R. App. P. 47
120015F.U05