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Perkins v. State

Court of Appeals Fifth District of Texas at Dallas
Jul 2, 2014
No. 05-14-00826-CR (Tex. App. Jul. 2, 2014)

Opinion

No. 05-14-00826-CR No. 05-14-00827-CR No. 05-14-00828-CR No. 05-14-00829-CR

07-02-2014

TROY LEE PERKINS, Appellant v. THE STATE OF TEXAS, Appellee


Dismissed and Opinion Filed July 2, 2014.

On Appeal from the 282nd Judicial District Court

Dallas County, Texas

Trial Court Cause Nos. F07-00645-S, F07-71769-S, F07-71970-S, F07-71990-S


MEMORANDUM OPINION


Before Justices Lang, Myers, and Brown

Opinion by Justice Lang

Troy Lee Perkins pleaded guilty to four aggravated robbery offenses. Pursuant to plea agreements, he was sentenced to twelve years' imprisonment in each case. Sentence was imposed in open court on January 7, 2008, and appellant did not appeal at that time. The Court now has before it appellant's June 25, 2014 "original appeal to trial court's jurisdiction pursuant to Texas Constitution article 5, § 6; VACCP art. 4.03." This is the fifth out-of-time notice of appeal appellant has filed regarding his convictions. In this notice of appeal, appellant contends the trial court's judgments of conviction are void because the trial court "lost jurisdiction" over appellant "when she was instructed that [he] was a MHMR patient."

This Court has previously dismissed for want of jurisdiction appeals involving these same trial court numbers. See Perkins v. State, Nos. 05-14-00460—00463-CR (Tex. App.—Dallas Apr. 17, 2014, no pet.); Perkins v. State, Nos. 05-14-00091-00094-CR (Tex. App.-Dallas Feb. 3, 2014, pet. ref'd); Perkins v. State, Nos. 05-13-01119-01122-CR (Tex. App.-Dallas Sept. 11, 2013, pet. ref'd); Perkins v. State, No. 05-12-01511-CR (Tex. App.-Dallas Dec. 13, 2012, no pet.); Perkins v. State, Nos. 05-12-01512-01514-CR (Tex. App.-Dallas Nov. 28, 2012, no pet.).

"Jurisdiction concerns the power of a court to hear and determine a case." Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). The jurisdiction of an appellate court must be legally invoked, and, if not, the power of the court to act is as absent as if it did not exist. See id. at 523. To invoke the Court's jurisdiction, an appellant must file his notice of appeal within the time period provided by the rules of appellate procedure. See id.; see also Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam).

Appellant's June 25, 2014 notice of appeal is untimely as to the January 7, 2008 convictions. See TEX. R. APP. P. 26.2(a)(1); Slaton, 981 S.W.2d at 210. This Court has no authority to grant appellant out-of-time appeals, nor do we have jurisdiction to entertain a collateral attack on his final felony convictions. See TEX. CODE CRIM. P. ANN. arts. 1105, 11.07 (West 2005). See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 484 (Tex. Crim. App. 1995) (orig. proceeding).

We dismiss the appeals for want of jurisdiction.

__________

DOUGLAS S. LANG

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
140826F.U05

JUDGMENT

TROY LEE PERKINS, Appellant V. THE STATE OF TEXAS, Appellee No. 05-14-00826-CR

On Appeal from the 282nd Judicial District

Court, Dallas County, Texas

Trial Court Cause No. F07-00645-S.

Opinion delivered by Justice Lang, Justices

Myers and Brown participating.

Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.

JUDGMENT

TROY LEE PERKINS, Appellant V. THE STATE OF TEXAS, Appellee No. 05-14-00827-CR

On Appeal from the 282nd Judicial District

Court, Dallas County, Texas

Trial Court Cause No. F07-71769-S.

Opinion delivered by Justice Lang, Justices

Myers and Brown participating.

Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.

JUDGMENT

TROY LEE PERKINS, Appellant V. THE STATE OF TEXAS, Appellee No. 05-14-00828-CR

On Appeal from the 282nd Judicial District

Court, Dallas County, Texas

Trial Court Cause No. F07-71970-S.

Opinion delivered by Justice Lang, Justices

Myers and Brown participating.

Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.

JUDGMENT

TROY LEE PERKINS, Appellant V. THE STATE OF TEXAS, Appellee No. 05-14-00829-CR

On Appeal from the 282nd Judicial District

Court, Dallas County, Texas

Trial Court Cause No. F07-71990-S.

Opinion delivered by Justice Lang, Justices

Myers and Brown participating.

Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.


Summaries of

Perkins v. State

Court of Appeals Fifth District of Texas at Dallas
Jul 2, 2014
No. 05-14-00826-CR (Tex. App. Jul. 2, 2014)
Case details for

Perkins v. State

Case Details

Full title:TROY LEE PERKINS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 2, 2014

Citations

No. 05-14-00826-CR (Tex. App. Jul. 2, 2014)