Court of Civil Appeals of Texas, 2006

Tracy Darnell Hamons v. State

Tracy Darnell Hamons v. State
Court of Civil Appeals of Texas · Decided May 11, 2006

Tracy Darnell Hamons v. State

Opinion

Opinion issued May 11, 2006






 




In The

Court of Appeals

For The

First District of Texas

____________


NOS. 01-06-00284-CR

          01-06-00285-CR

_____________


TRACY DARNELL HAMONS, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 184th District Court

 Harris County, Texas

Trial Court Cause Nos. 870738 and 870737




 

MEMORANDUM OPINION

           On July 30, 2001, appellant, Tracy Darnell Hamons, pleaded guilty to two separate felony offenses of burglary of a habitation with intent to commit aggravated assault and, in accordance with his plea bargain agreements with the State, the trial court sentenced appellant to confinement for 12 years in each case. No motion for new trial, motion in arrest of judgment, or notice of appeal was filed in either case. See Tex. R. App. P. 21.4(a), 22.3, 26.2(a). Therefore, the trial court’s judgment in each case became final 30 days after sentencing on August 29, 2001. See Tex. R. App. P. 4.1(a).

           On March 1, 2006, appellant filed in the trial court a motion for an out-of-time appeal in each case alleging “non-jurisdictional errors accruing before entry of the plea by motion ruled on before trial.” This appeal followed.

           Neither the trial court nor this Court has authority to grant an out-of-time appeal. The exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to article 11.07 of the Code of Criminal Procedure. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2005).

           Accordingly, we dismiss the appeals for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Nuchia, Keyes, and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).

 

 

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