Brecheen, Roger Dale

• Court: Court of Criminal Appeals of Texas
• Decided: January 13, 2010
• Docket: WR-73,072-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-73,072-01 EX PARTE ROGER DALE BRECHEEN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 23302 IN THE 42ND DISTRICT COURT

FROM TAYLOR COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to forty-eight years' imprisonment. The Eleventh Court of Appeals dismissed his appeal. Brecheen v. State, No. 11-09-00241-CR (Tex. App.-Eastland 2009, no pet.).

Applicant contends that his counsel rendered ineffective assistance because he failed to timely file a notice of appeal. The trial court recommended that we grant Applicant an out-of-time appeal. We disagree. This application was filed in the trial court on October 9, 2009. On that date, Applicant's conviction was not final; the mandate in his case did not issue until November 10, 2009. We do not have jurisdiction under Article 11.07 of the Code of Criminal Procedure unless a felony conviction is final. Tex. Code Crim. Proc. art. 11.07, § 3(a); Ex parte Johnson, 12 S.W.3d 472 (Tex. Crim. App. 2000). Accordingly, this application is dismissed.

Filed: January 13, 2010

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