Opinion
No. WR-73,072-01
Filed: January 13, 2010. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus Cause No. 23302 in the 42nd District Court from Taylor County.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to forty-eight years' imprisonment. The Eleventh Court of Appeals dismissed his appeal. Brecheen v. State, No. 11-09-00241-CR (Tex. App.-Eastland 2009, no pet.). Applicant contends that his counsel rendered ineffective assistance because he failed to timely file a notice of appeal. The trial court recommended that we grant Applicant an out-of-time appeal. We disagree. This application was filed in the trial court on October 9, 2009. On that date, Applicant's conviction was not final; the mandate in his case did not issue until November 10, 2009. We do not have jurisdiction under Article 11.07 of the Code of Criminal Procedure unless a felony conviction is final. Tex. Code Crim. Proc. art. 11.07, § 3(a); Ex parte Johnson, 12 S.W.3d 472 (Tex. Crim. App. 2000). Accordingly, this application is dismissed.