Flint, Donald

• Court: Court of Criminal Appeals of Texas
• Decided: September 24, 2008
• Docket: WR-70,502-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,502-01 EX PARTE DONALD FLINT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 06-F-0023-202-A IN THE 202ND DISTRICT COURT

FROM BOWIE 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three counts of indecency with a child and one count of aggravated sexual assault of a child and sentenced to ten (10) years' confinement on the indecency counts and fifty (50) years' confinement on the aggravated sexual assault count. Applicant's appeal was dismissed for lack of jurisdiction. See Flint v. State, No. 06-08-00104-CR (Tex. App.- Texarkana, delivered July 10, 2008, no pet.) (not designated for publication).

Applicant contends that he was denied his right to a meaningful appeal because his counsel did not timely file a notice of appeal. The trial judge has entered findings of fact and conclusions of law recommending that this Court grant Applicant an out-of-time appeal. However, Applicant's claim is not ripe for review. This Court does not have jurisdiction to consider this application for a writ of habeas corpus because it was filed in the convicting court prior to the issuance of mandate by the court of appeals. See Ex parte Johnson, 12 S.W.3d 472 (Tex. Crim. App. 2000). Therefore, it is dismissed.

Filed: September 24, 2008

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