Pierre Miller v. State

• Court: Court of Appeals of Texas
• Decided: July 30, 2008
• Docket: 04-08-00359-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-08-00359-CR

Pierre MILLER, Appellant

v.

The STATE of Texas, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2005-CR-6987A Honorable Gus J. Strauss, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Karen Angelini, Justice

Delivered and Filed: July 30, 2008

DISMISSED FOR LACK OF JURISDICTION

A clerk's record was filed in this appeal on June 13, 2008. This court previously disposed of appellant's appeal in Miller v. State, No. 04-06-00214-CR, 2006 WL 174857 (Tex. App.--San Antonio June 28, 2006, no pet.); therefore, we do not have jurisdiction to consider this second appeal. Although the clerk's record in this case also contains a motion for out of time appeal, the Texas Court of Criminal Appeals is the only court with jurisdiction to consider such a motion. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure). On June 20, 2008, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond to our order. This appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH