Jaime Lynne Mosby Williams v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 24, 2025
• Docket: 01-25-00200-CR
• Status: Published

Opinion

Opinion issued June 24, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00199-CR NO. 01-25-00200-CR ——————————— JAMIE LYNNE MOSBY WILLIAMS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 240th District Court Fort Bend County, Texas Trial Court Case Nos. 05-DCR-042828 & 05-DCR-042888

MEMORANDUM OPINION

In 2007, appellant Jamie Lynne Mosby Williams was convicted of capital

murder and serious bodily injury to a child by omission. Punishment for both

offenses was assessed at life imprisonment. Appellant appealed both convictions,

and our Court affirmed. See Williams v. State, 294 S.W.3d 674 (Tex. App.—Houston [1st Dist.] 2009, pet. ref’d). The mandate affirming the trial court’s judgments of

conviction was issued on November 17, 2009.

On March 21, 2025, appellant filed a pro se notice of appeal seeking to once

again appeal her convictions. We dismiss the appeals. Appellant has already

appealed her convictions, and mandate has issued. She is not entitled to a second

appeal of these convictions. See Hines v. State, 70 S.W. 955, 957 (Tex. Crim. App.

1902) (“[O]nly one appeal can be made from a verdict and judgment of conviction

in any case.”).

Even if appellant could seek a second appeal, the notice of appeal was

untimely filed over seventeen years after her convictions. See TEX. R. APP. P

26.2(a)(1) (“notice of appeal must be filed . . . within 30 days after the sentence is

imposed or suspended in open court”); TEX. R. APP. P. 26.2(a)(2) (“notice of appeal

must be filed within 90 days after the day sentence is imposed or suspended in open

court if the defendant timely files a motion for new trial.”). This Court does not have

jurisdiction to grant an out-of-time appeal; only the Court of Criminal Appeals has

jurisdiction to grant an out-of-time appeal. Coleman v. State, No. 03-11-00648-CR,

2011 WL 6118604, at *1 (Tex. App.—Austin Dec. 8, 2011, no pet.) (mem. op., not

designated for publication); see TEX. CODE CRIM. PROC. art. 11.07, § 5 (vesting

complete jurisdiction over post-conviction relief from final felony convictions in

Court of Criminal Appeals); Fletcher v. State, 214 S.W.3d 5, 6 (Tex. Crim. App.

2 2007) (recognizing well-settled law that appealed conviction is “a final conviction”

when conviction is affirmed by appellate court and that court’s mandate of

affirmance becomes final); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243

(Tex. Crim. App. 1991) (orig. proceeding) (affirming that Court of Criminal Appeals

is “the only court with jurisdiction in final post-conviction felony proceedings.”).

This Court lacks jurisdiction to consider a second appeal from appellant’s

final convictions or to grant an out-of-time appeal. See Coleman, 2011 WL 6118604,

at *1. Accordingly, we dismiss these appeals for want of jurisdiction. See, e.g.,

McDonald v. State, 401 S.W.3d 360, 361–63 (Tex. App.—Amarillo 2013, pet. ref'd)

(dismissing for want of jurisdiction defendant’s subsequent appeal of conviction that

had previously been affirmed); Bartee v. State, No. 10-07-00150-CR, 2007 WL

1559219, at *1 & n.1 (Tex. App.—Waco May 30, 2007, no pet.) (mem. op., not

designated for publication) (dismissing appeal for want of jurisdiction because

intermediate appellate court did not have jurisdiction to grant out-of-time appeal).

PER CURIAM

Panel consists of Chief Justice Adams and Justices Caughey and Johnson.

Do not publish. TEX. R. APP. P. 47.2(b).