From Casetext: Smarter Legal Research

Franklin v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Feb 6, 2014
NO. 02-13-00575-CR (Tex. App. Feb. 6, 2014)

Opinion

NO. 02-13-00575-CR

02-06-2014

CHRISTOPHER XAVIA FRANKLIN APPELLANT v. THE STATE OF TEXAS STATE


FROM THE 78TH DISTRICT COURT OF WICHITA COUNTY


MEMORANDUM OPINION

See Tex. R. App. P. 47.4.

Appellant Christopher Xavia Franklin attempts to appeal from his 2004 conviction for burglary of a habitation. Franklin filed a notice of appeal on November 25, 2013. On December 11, 2013, we sent Franklin a letter informing him of our concern that we lacked jurisdiction over the appeal because of the untimely-filed notice of appeal and because his conviction has already been affirmed on direct appeal. See Tex. R. App. P. 26.2(a); Franklin v. State, No. 02-04-00255-CR, 2005 WL 1356452, at *6 (Tex. App.—Fort Worth June 9, 2005, no pet.) (mem. op, not designated for publication). We requested that he or any party desiring to continue the appeal file a response showing grounds for continuing the appeal by December 23, 2013, or the appeal could be dismissed for want of jurisdiction. See Tex. R. App. P. 44.3. Franklin has filed a response, but it does not show grounds for continuing the appeal.

On October 22, 2013, Franklin filed with the trial court a motion seeking the trial court's permission to pursue a second appeal of this case, which the trial court denied for lack of jurisdiction.
--------

This court does not have authority to grant an out-of-time appeal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (reasoning that if an appeal is not timely perfected, a court of appeals has no jurisdiction to address the merits of the appeal and can take no action other than to dismiss it). And to the extent that Franklin is attempting to appeal the trial court's denial of his motion seeking permission to pursue a second appeal, we lack jurisdiction over that attempted appeal. See Tex. R. App. P. 26.2(a); Tex. Code Crim. Proc. Ann. art. 44.02 (West 2006). Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).

PER CURIAM PANEL: WALKER, MCCOY, and MEIER, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b)


Summaries of

Franklin v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Feb 6, 2014
NO. 02-13-00575-CR (Tex. App. Feb. 6, 2014)
Case details for

Franklin v. State

Case Details

Full title:CHRISTOPHER XAVIA FRANKLIN APPELLANT v. THE STATE OF TEXAS STATE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Feb 6, 2014

Citations

NO. 02-13-00575-CR (Tex. App. Feb. 6, 2014)