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Gonzales v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 12, 2004
No. 14-04-00630-CR (Tex. App. Aug. 12, 2004)

Opinion

No. 14-04-00630-CR

Memorandum Opinion filed August 12, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 230th District Court Harris County, Texas, Trial Court Cause No. 947,944. Dismissed.

Panel consists of Justices YATES, ANDERSON, and HUDSON.


MEMORANDUM OPINION


After a plea of guilty, appellant was convicted of the offense of forgery and sentenced to twelve years' imprisonment on May 9, 2003. Appellant appealed and we dismissed his appeal on July 17, 2003 because his sentence was imposed pursuant to a plea bargain and he had no right of appeal. Mandate issued on October 6, 2003. On May 26, 2004, appellant filed in the trial court an "out of time motion for new trial," which the trial court denied on May 28, 2004. On June 22, 2004, appellant filed a notice of appeal from the trial court's denial of his "motion for a new trial (out of time)." This appeal followed. Neither the trial court nor this Court has authority to grant an out-of-time appeal. The exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to article 11.07 of the Code of Criminal Procedure. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991); TEX. CODE CRIM. PROC. ANN. Art. 11.07 (Vernon Supp. 2004). Accordingly, the appeal is ordered dismissed for lack of jurisdiction.


Summaries of

Gonzales v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 12, 2004
No. 14-04-00630-CR (Tex. App. Aug. 12, 2004)
Case details for

Gonzales v. State

Case Details

Full title:CARLOS GONZALES, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Aug 12, 2004

Citations

No. 14-04-00630-CR (Tex. App. Aug. 12, 2004)