Opinion
No. 10-04-00366-CR
Opinion delivered and filed February 16, 2005. DO NOT PUBLISH.
Appeal from the 52nd District Court Coryell County, Texas, Trial Court # Ft-04-17251. Appeal dismissed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
David Murphy filed a notice of appeal on November 8, 2004. He was convicted on August 13, 2004. The Clerk of this Court notified Murphy that we questioned our jurisdiction and gave him 14 days to show us why this appeal should be continued. The only response we have received is a request for the appointment of counsel. We have no authority to appoint counsel. Enriquez v. State, 999 S.W.2d 906, 907-08 (Tex.App.-Waco 1999, order). If Murphy is attempting to appeal his underlying conviction, his notice of appeal is untimely, and we have no jurisdiction of the appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). If Murphy is attempting to appeal the denial of his article 11.07 application for writ of habeas corpus filed on September 27, 2004, we have no jurisdiction over that determination. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (Vernon 1977); see also Nix v. State, 65 S.W.3d 664, 670 n. 26 (Tex.Crim.App. 2001). The order referenced in Murphy's notice of appeal specifically requires the District Court Clerk to "prepare a transcript of all papers in cause number 17,251 and WHCP-04-17,251-A and transmit same to the Court of Criminal Appeals, as provided by Article 11.07 of the Texas Code of Criminal Procedure." The record we have received appears to be the referenced transcript. Accordingly, the Clerk of this Court is ordered to immediately forward the record, which has all the indicia of a record for a writ of habeas corpus over which we have no jurisdiction, to the Court of Criminal Appeals. Accordingly, this appeal is dismissed.
Murphy has filed a subsequent writ with the trial court on December 3, 2004. That writ is not the subject of this appeal.