Johnson v. State

Full title: BRYANT KEITH JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Third District, Austin

Date published: Feb 8, 2005

Nos. 03-05-00043-CR, 03-05-00044-CR (Tex. App. Feb. 8, 2005)

Opinion

Nos. 03-05-00043-CR, 03-05-00044-CR

Filed: February 8, 2005. DO NOT PUBLISH.

Appeal from the District Court of Travis County, 147th Judicial District, Nos. 3030384 3030397, Honorable Wilford Flowers, Judge Presiding. Dismissed for Want of Jurisdiction.

Before Justices B.A. SMITH, PURYEAR and PEMBERTON.

MEMORANDUM OPINION

BEA ANN SMITH, Justice.

Bryant Keith Johnson seeks to appeal from judgments of conviction for aggravated robbery. Sentence was imposed on August 28, 2003. Johnson filed his pro se motion for out-of-time appeal on January 7, 2005. Even if the motion is treated as a notice of appeal, it was not timely filed. See Tex.R.App.P. 26.2(a). If Johnson believes that he is entitled to an out-of-time appeal, he must seek it by means of a post-conviction habeas corpus proceeding. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2004-05). We lack jurisdiction to dispose of the purported appeals in any manner other than by dismissing them for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208 (Tex.Crim.App. 1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex.Crim.App. 1996). The appeals are dismissed.