Lewis, James E. v. State

• Court: Court of Appeals of Texas
• Decided: August 26, 2004
• Docket: 14-04-00738-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 26, 2004

Dismissed and Memorandum Opinion filed August 26, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00738-CR

JAMES E. LEWIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 867,453

M E M O R A N D U M   O P I N I O N

A jury found appellant guilty of unauthorized use of a motor vehicle and, on April 25, 2001, the trial court sentenced appellant to fifteen years= imprisonment.  This Court affirmed his conviction on July 18, 2002.  Mandate issued on April 4, 2003.

Appellant then filed in the trial court a Anotice of out-of-time appeal@ on July 26, 2004.   Neither the trial court nor this Court has authority to grant an out-of-time appeal.  The exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to article 11.07 of the Code of Criminal Procedure.  Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); Tex. Code Crim. Proc. Ann. Art. 11.07 (Vernon Supp. 2004).

Accordingly, the appeal is ordered dismissed for lack of jurisdiction.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 26, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.

Do Not Publish C Tex. R. App. P. 47.2(b).