Tracy Darnell Hamons v. State
Tracy Darnell Hamons v. State
Opinion
Opinion issued May 11, 2006
In The
Court of Appeals
For The
First District of Texas
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NOS. 01-06-00284-CR
01-06-00285-CR
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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Do not publish.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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