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Williams v. State

Court of Appeals of Texas, Fifth District, Dallas
Oct 18, 2004
No. 05-04-01371-CR (Tex. App. Oct. 18, 2004)

Opinion

No. 05-04-01371-CR

Opinion Filed October 18, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the Criminal District Court No. 3, Dallas County, Texas, Trial Court Cause No. F85-83830-LJ. Affirmed.

Before Justices MORRIS, MOSELEY, and FITZGERALD.


MEMORANDUM OPINION


Michael D. Williams filed a motion in the trial court seeking an out-of-time appeal. The trial court denied the motion on the ground that the proper means for obtaining an out-of-time appeal is by application for writ of habeas corpus. Appellant appealed the trial court's order. The trial court's order denying appellant an out-of-time appeal is not a judgment of conviction, nor does it fall within the categories of appealable interlocutory orders. See Workman v. State, 343 S.W.2d 446, 447 (Tex.Crim.App. 1961); Wright v. State, 969 S.W.2d 588, 589-90 (Tex.App.-Dallas 1998, no pet.). Therefore, it is not an appealable order. Absent a judgment of conviction or other appealable order, we have no jurisdiction over the appeal. We dismiss the appeal for want of jurisdiction.


Summaries of

Williams v. State

Court of Appeals of Texas, Fifth District, Dallas
Oct 18, 2004
No. 05-04-01371-CR (Tex. App. Oct. 18, 2004)
Case details for

Williams v. State

Case Details

Full title:MICHAEL D. WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Oct 18, 2004

Citations

No. 05-04-01371-CR (Tex. App. Oct. 18, 2004)