George S. Chapple III v. State

Opinion

Fourth Court of Appeals San Antonio, Texas March 13, 2020

No. 04-18-00535-CR

George S. Chapple III, Appellant

v.

The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR7642 Honorable Laura Lee Parker, Judge Presiding

ORDER Sitting: Irene Rios, Justice Beth Watkins, Justice Liza Rodriguez, Justice

On September 26, 2018, we issued an opinion dismissing appellant’s appeal for lack of jurisdiction. Chapple v. State, No. 04-18-00535-CR, 2018 WL 4603915, at *1 (Tex. App.—San Antonio Sept. 26, 2018, no pet.) (dismissing appeal for lack of jurisdiction when the appellant’s notice of appeal was untimely filed). On February 5, 2020, appellant’s motion for an out-of-time appeal and appointment of counsel was filed in this court. We have no jurisdiction to consider appellant’s motion. Only the Texas Court of Criminal Appeals has jurisdiction to grant an out-of- time appeal. Kossie v. State, No. 01-16-00738-CR, 2017 WL 631842, at *1 (Tex. App.— Houston [1st Dist.] Feb. 16, 2017, no pet.); see Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (explaining that a writ of habeas corpus pursuant to article 11.07 of the Code of Criminal Procedure governs out-of-time appeals from felony convictions). Therefore, the motion for an out-of-time appeal and appointment of counsel filed in this court is DISMISSED FOR LACK OF JURISDICTION.

It is so ORDERED on March 13, 2020. ATTESTED TO: _________________________ MICHAEL A. CRUZ Clerk of Court