Opinion
No. 01-07-00043-CR.
March 15, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On Appeal from the 232nd District Court, Harris County, Texas, Trial Court Cause No. 640721.
Panel consists of Chief JUSTICE RADACK, and JUSTICES JENNINGS and BLAND.
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. The trial court sentenced appellant, David Hanes, and signed a final judgment in this case on October 30, 1992. Appellant gave written notice of appeal. On November 5, 1992, the trial court denied appellant's request for an appeal. On January 8, 2007, appellant filed a motion requesting an out-of-time appeal. In response, the trial court completed a form certification of defendants right to appeal that states "I, judge of the trial court, certify this criminal case is a plea-bargain case, and the defendant has no right to appeal." 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. Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2006); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991). Accordingly, we dismiss the appeal for lack of jurisdiction.