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Underwood v. State

State of Texas in the Eleventh Court of Appeals
Apr 2, 2015
No. 11-15-00039-CR (Tex. App. Apr. 2, 2015)

Opinion

No. 11-15-00039-CR

04-02-2015

EDDIE DALE UNDERWOOD, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 259th District Court Jones County, Texas
Trial Court Cause No. 6880

MEMORANDUM OPINION

Eddie Dale Underwood, pro se, attempts to appeal from the trial court's denial of a motion requesting an out-of-time appeal of a 1992 nunc pro tunc order. The trial court denied Appellant's motion on February 5, 2015, and Appellant filed a notice of appeal. Upon docketing the appeal, we notified Appellant by letter dated March 5, 2015, that it did not appear that this court had jurisdiction in this matter and that it did not appear that the trial court's February 2015 order was a final, appealable order. We requested that Appellant file a response showing grounds to continue the appeal.

Appellant filed a response but has not shown grounds upon which this appeal may be continued. Appellant asserts that this court has jurisdiction because his notice of appeal complies with TEX. R. APP. P. 25. We disagree. Mere compliance with the Rules of Appellate Procedure does not bestow jurisdiction on this court. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). We hold that this court has no jurisdiction to entertain an appeal from the trial court's order denying Appellant's motion for an out-of-time appeal because that order is not a final, appealable order. See Underwood v. State, No. 11-08-00128-CR, 2008 WL 2058548 (Tex. App.—Eastland May 15, 2008, pet. dism'd) (mem. op., not designated for publication) (dismissing a previous appeal in which Appellant attempted to attack the 1992 judgment nunc pro tunc by way of a 2008 motion to vacate). Furthermore, an intermediate appellate court has no jurisdiction to grant an out-of-time appeal or to consider a motion for an out-of-time appeal; the Texas Court of Criminal Appeals is the only court with jurisdiction in final post-conviction felony proceedings. Olivo, 918 S.W.2d at 522-24, 525 n.8; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991).

This appeal is dismissed for want of jurisdiction.

PER CURIAM April 2, 2015 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.


Summaries of

Underwood v. State

State of Texas in the Eleventh Court of Appeals
Apr 2, 2015
No. 11-15-00039-CR (Tex. App. Apr. 2, 2015)
Case details for

Underwood v. State

Case Details

Full title:EDDIE DALE UNDERWOOD, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Eleventh Court of Appeals

Date published: Apr 2, 2015

Citations

No. 11-15-00039-CR (Tex. App. Apr. 2, 2015)