Fourth Court of Appeals San Antonio, Texas September 5, 2019 No. 04-19-00552-CR Kenneth GARNER, Appellant v. The STATE of Texas, Appellee From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2014CR0974 Honorable Kevin M. O'Connell, Judge Presiding

ORDER Appellant has filed a motion requesting permission to file an out of time appeal relating to Cause No. 2014-CR-0974. According to the exhibits included with appellant’s motion, sentence was imposed in Cause No. 2014-CR-0974 on May 26, 2015. A hearing on appellant’s motion for new trial was held on July 16, 2015. A notice of appeal was due to be filed by August 24, 2015.

Appellant’s motion for leave to file an out of time appeal is DENIED. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (an appellate court may not suspend the rules to alter the time for perfecting an appeal); see also Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions).

_________________________________ Irene Rios, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of September, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court