Court of Civil Appeals of Texas, 2009

Mark Evans Pipkin v. State

Mark Evans Pipkin v. State
Court of Civil Appeals of Texas · Decided July 2, 2009

Mark Evans Pipkin v. State

Opinion

Opinion issued July 2, 2009





     






In The

Court of Appeals

For The

First District of Texas





NOS. 01-08-00350-CR

           01-08-00351-CR

           01-08-00352-CR

         01-08-00353-CR





MARK EVAN PIPKINS Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 434th District Court

Fort Bend County, Texas

Trial Court Cause Nos. 43360, 43361, 43362, 43363





MEMORANDUM OPINION

          We lack jurisdiction to hear these appeals. The trial court sentenced appellant, Mark Evans Pipkin, and signed a final judgment in trial court cause numbers 43360, 43361, 43362, 43363 on November 20, 2007, and therefore the deadline for filing a notice of appeal for these cases was 30 days after sentencing, December 20, 2007. See Tex. R. App. P. 26.2(a)(1).

           On April 8, 2008, 110 days after the deadline for filing a notice of appeal, appellant filed a notice of appeal in each case. An untimely notice of appeal fails to vest the appellate court with jurisdiction to hear a case. Slaton v. State, 981 S.W.2d 208, 209-10 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Douglas v. State, 987 S.W.2d 605, 605-06 (Tex. App.—Houston [1st Dist.] 1999, no pet.). Because appellant’s notices of appeal were untimely filed in each case, we lack jurisdiction to hear the appeals.

          Even if we were to construe appellant’s notice of appeal filed on April 8, 2008 as motion for out-of-time appeal for these cases, neither the trial court nor this Court has authority to grant out-of-time appeals. 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. 2008).

          Accordingly, the appeals in trial court cause numbers 43360, 43361, 43362, and 43363 are dismissed for lack of jurisdiction.

          We dismiss as moot any pending motions.

          It is so ORDERED.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Alcala and Hanks.

Do not publish.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

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