Harold Curtis Biddie v. State

• Court: Court of Appeals of Texas
• Decided: November 18, 2015
• Docket: 07-15-00399-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo ________________________

No. 07-15-00399-CR ________________________

HAROLD CURTIS BIDDIE, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 21st District Court Bastrop County, Texas Trial Court No. 7068; Honorable John L. Placke, Presiding

November 18, 2015

MEMORANDUM OPINION Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

Appellant, Harold Curtis Biddie, an inmate proceeding pro se and in forma

pauperis, seeks to appeal an order denying his motion for nunc pro tunc relief. This

appeal was transferred from the Third Court of Appeals to this court by the Texas

Supreme Court pursuant to its docket equalization efforts.1 TEX. GOV’T CODE ANN. §

1 Appellant also filed a petition for writ of mandamus in the Third Court of Appeals on October 23, 2015. The petition was denied. In re Biddie, No. 03-15-00678-CV, 2015 Tex. App. LEXIS 11040 (Tex. App.—Austin October 29, 2015, orig. proceeding)(mem. op). 73.001 (West 2013). By letter dated October 29, 2015, the court directed Appellant to

show why this court has jurisdiction over this appeal. Appellant has responded to the

court’s inquiry and we now dismiss the appeal for want of jurisdiction.

Appellant was convicted of aggravated sexual assault in 1988 and sentenced to

imprisonment for 99 years. In 1989, Appellant appealed his conviction and the Third

Court of Appeals affirmed the judgment. Twenty-six years later, Appellant filed a “Writ

of Nunc Pro Tunc,” which was denied by the trial court.

An intermediate appellate court has no jurisdiction over an appeal from an order

denying a request for nunc pro tunc relief. Everett v. State, 82 S.W.3d 735 (Tex. App.—

Waco 2002, pet. dism’d); Sanchez v. State, 112 S.W.3d 311, 312 (Tex. App.—Corpus

Christi 2003, no pet.). Accordingly, the court dismisses this appeal for want of

jurisdiction.

Patrick A. Pirtle Justice

Do not publish.