Patrick Andre Denley v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 29, 2025
• Docket: 09-25-00294-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-25-00294-CR __________________

PATRICK ANDRE DENLEY, Appellant

V.

THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. F00-81756 __________________________________________________________________

MEMORANDUM OPINION

Patrick Andre Denley pleaded guilty and was convicted in 2000 in a plea-

bargain agreement. In his notice of appeal Denley acknowledges that he has twice

attempted to appeal to this Court. See Denley v. State, No. 09-24-00310-CR, 2024

WL 4551248, at *1 (Tex. App.—Beaumont Oct. 23, 2024, no pet.) (mem. op., not

designated for publication); Denley v. State, No. 09-00-566-CR, 2001 WL 1636320,

at *1 (Tex. App.—Beaumont Dec. 19, 2001, no pet.) (mem. op., not designated for

publication). We dismissed Denley’s first appeal for lack of jurisdiction due to the

1 plea bargain agreement, and we dismissed Denley’s second appeal as he failed to

identify a valid basis for this Court to exercise appellate jurisdiction over his appeal.

See id.

After receiving the notice of appeal, the Clerk of the Court issued a notice to

the parties that our jurisdiction was not apparent from the notice of appeal and

warned that the appeal would be dismissed for lack of jurisdiction unless the Court

received a response showing grounds for continuing the appeal. Neither party

responded to the Clerk’s notice.

“A timely notice of appeal is necessary to invoke a court of appeals’

jurisdiction.” Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also

Tex. R. App. P. 26.2(a). Thereafter, in state court only the Court of Criminal Appeals

has the authority to grant relief from a final felony conviction to a person serving a

prison sentence. See Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115,

117–18 (Tex. Crim. App. 2013) (quoting Ex parte Alexander, 685 S.W.2d 57, 60

(Tex. Crim. App. 1985)); see also Tex. Code Crim. Proc. Ann. art. 11.07.

We dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

APPEAL DISMISSED.

PER CURIAM Submitted on August 28, 2025 Opinion Delivered August 29, 2025 Do Not Publish

Before Golemon, C.J., Wright and Chambers, JJ. 2