Dalton Loyd Williams v. State

• Court: Court of Appeals of Texas
• Decided: June 21, 2011
• Docket: 14-11-00240-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed June 21, 2011.

In The

Fourteenth Court of Appeals

___________________

NO. 14-11-00240-CR

DALTON LOYD WILLIAMS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 977683

MEMORANDUM  OPINION

This is an attempted appeal from an order signed by the trial court on February 15, 2011, denying appellant’s out-of-time motion for new trial.  The record reflects appellant entered a guilty plea to possession of a controlled substance.  In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on February 18, 2004, to confinement for 180 days in the State Jail Division of the Texas Department of Criminal Justice.  On January 20, 2011, appellant filed an out-of-time motion for new trial, along with several other motions.  On February 15, 2011, the trial court denied all of appellant’s motions.  Appellant then filed a notice of appeal “from the final Order denying an out-of-time motion for a new trial.”  This appeal followed.

Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant from a final judgment of conviction. McKown v. State, 915 S.W.2d 160, 161 (Tex.App.-Fort Worth 1996, no pet.).  In filing an appeal from the denial of an out-of-time motion for new trial, appellant attempts to file a post-conviction collateral attack over which this court has no jurisdiction. See Kim v. State, 181 S.W.3d 448, 449 (Tex.App.-Waco 2005, no pet.).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Boyce.

Do Not Publish C Tex. R. App. P. 47.2(b).