Demarcus Montranze Wright v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 14, 2021
• Docket: 05-21-00400-CR
• Status: Published

Opinion

Dismiss and Opinion Filed June 14, 2021

In the Court of Appeals Fifth District of Texas at Dallas No. 05-21-00398-CR No. 05-21-00399-CR No. 05-21-00400-CR No. 05-21-00401-CR No. 05-21-00402-CR

DEMARCUS MONTRANZE WRIGHT, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F95-02649-RP, F95-02650-RP, F95-02651-RP, F95- 02652-RP & F95-02653-RP

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle Demarcus Montranze Wright filed pro se notices of appeal on May 21, 2021,

stating he wished to challenge “an improper sentence” in these appeals. We dismiss

these appeals for lack of jurisdiction.

On October 27, 1995, appellant entered guilty pleas to engaging in organized

crime, two aggravated robberies with a deadly weapon, and two murders, all

pursuant to a plea bargain agreement with the State. The trial court found Wright guilty and sentenced him to life in prison for each offense. Wright initially sought to

appeal his convictions with this Court, but we dismissed the appeals on April 5,

1996, because he had waived his right to appeal in the plea bargain agreement. The

mandates issued on July 8, 1996.

A convicted person must timely file a notice of appeal to invoke this court’s

jurisdiction. Castillo v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). In the

absence of a timely filed notice of appeal, we have no option other than to dismiss

the appeal. Id. Wright’s May 21, 2021 notices of appeal were untimely, we lack

jurisdiction over these appeals, and we must dismiss these appeals for want of

jurisdiction.1

210398f.u05 210399f.u05 /Cory L. Carlyle// 210400f.u05 CORY L. CARLYLE 210401f.u05 JUSTICE 210402f.u05 Do Not Publish TEX. R. APP. P. 47.2(b)

1 We note that Wright may file collateral attacks on his final felony convictions by way of an article 11.07 writ. See TEX. CODE CRIM. PROC. art. 11.07, § 3. Texas criminal procedure generally provides that 11.07 writs be filed on a prescribed form available at https://www.txcourts.gov/cca/practice-before-the- court/forms/ or in Appendix E to the Texas Code of Criminal Procedure. And though the writ is filed in the trial court that sentenced him, only the Texas Court of Criminal Appeals has the authority to grant relief in a post-conviction habeas corpus proceeding where there is a final felony conviction. Board of Pardons & Paroles ex rel. Keene v. Court of Appeals, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); Ex parte Hoang, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993); Ex parte Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985). –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DEMARCUS MONTRANZE On Appeal from the 203rd Judicial WRIGHT, Appellant District Court, Dallas County, Texas Trial Court Cause No. F95-02649- No. 05-21-00398-CR V. RP. Opinion delivered by Justice Carlyle. THE STATE OF TEXAS, Appellee Justices Schenck and Reichek participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

Judgment entered this 14th day of June, 2021.

–3– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DEMARCUS MONTRANZE On Appeal from the 203rd Judicial WRIGHT, Appellant District Court, Dallas County, Texas Trial Court Cause No. F95-02650- No. 05-21-00399-CR V. RP. Opinion delivered by Justice Carlyle. THE STATE OF TEXAS, Appellee Justices Schenck and Reichek participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

–4– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DEMARCUS MONTRANZE On Appeal from the 203rd Judicial WRIGHT, Appellant District Court, Dallas County, Texas Trial Court Cause No. F95-02651- No. 05-21-00400-CR V. RP. Opinion delivered by Justice Carlyle. THE STATE OF TEXAS, Appellee Justices Schenck and Reichek participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

–5– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DEMARCUS MONTRANZE On Appeal from the 203rd Judicial WRIGHT, Appellant District Court, Dallas County, Texas Trial Court Cause No. F95-02652- No. 05-21-00401-CR V. RP. Opinion delivered by Justice Carlyle. THE STATE OF TEXAS, Appellee Justices Schenck and Reichek participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

–6– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DEMARCUS MONTRANZE On Appeal from the 203rd Judicial WRIGHT, Appellant District Court, Dallas County, Texas Trial Court Cause No. F95-02653- No. 05-21-00402-CR V. RP. Opinion delivered by Justice Carlyle. THE STATE OF TEXAS, Appellee Justices Schenck and Reichek participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

–7–