Lamar Lovett v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-26-00493-CR

Lamar Lovett, Appellant

v.

The State of Texas, Appellee

FROM THE 299TH DISTRICT COURT OF TRAVIS COUNTY, NO. D-1-DC-XX-XXXXXXX, THE HONORABLE CHARLES F. BAIRD, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Lamar Lovett filed a notice of appeal and motion for leave to file a direct appeal. This Court in 2012 affirmed Lovett’s convictions for one count of attempted capital murder, two counts of aggravated sexual assault, and one count of aggravated assault. Lovett v. State, No. 03-10-00865-CR, 2012 WL 3155729, at *1 (Tex. App.—Austin Aug. 1, 2012, pet. ref’d) (mem. op., not designated for publication). The Court of Criminal Appeals later granted habeas corpus relief in part, concluding that Lovett’s aggravated-assault conviction was “based on the same actions and same victim as his conviction for attempted capital murder.” Ex parte Lovett, No. WR-76,670-06, 2016 WL 240738, at *1 (Tex. Crim. App. Jan. 13, 2016) (not designated for publication). The Court vacated and set aside the judgment for that conviction only. Id.

No authority grants us jurisdiction over a second direct appeal from convictions after we have affirmed them. See Medina v. State, No. 14-18-01109-CR, 2019 WL 190900, at *1

(Tex. App.—Houston [14th Dist.] Jan. 15, 2019, no pet.) (mem. op., not designated for publication). Thus, we lack jurisdiction to grant Lovett’s motion seeking a second direct appeal.

We dismiss the appeal for want of jurisdiction.

__________________________________________

Darlene Byrne, Chief Justice

Before Chief Justice Byrne, Justices Theofanis and Crump Dismissed for Want of Jurisdiction Filed: June 4, 2026 Do Not Publish