Precious June Harris-Pickett v. State

• Court: Court of Appeals of Texas
• Decided: February 16, 2012
• Docket: 01-11-00843-CR
• Status: Published

Opinion

Opinion issued February 16, 2012

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00843-CR

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Precious June Harris-Pickett, Appellant

V.

The State of Texas, Appellee

On Appeal from the 339th District Court

Harris County, Texas

Trial Court Case No. 1039476A

MEMORANDUM OPINION

          Precious June Harris‑Pickett appeals the trial court’s July 16, 2010 denial of her application for a writ of habeas corpus.[1]  Harris‑Pickett plead guilty with an agreed recommendation to theft on March 17, 2006.[2]  Pursuant to the plea bargain, the court assessed punishment at two years’ imprisonment, suspended, and placed Harris‑Pickett on community supervision for four years which she completed and from which she was discharged on March 17, 2010.

          Although the trial court did not sign the habeas‑corpus judgment denying relief, its denial of the application was signed on the application’s face that same day.[3]  Harris‑Pickett contends she had no notice of the July 16, 2010 denial, and on September 12, 2011 the trial court signed a judgment nunc pro tunc to add “No judgment having been entered.”  Harris‑Pickett filed her notice of appeal on September 14, 2011.

          The State contends that the notice of appeal was untimely filed, and we agree.  Texas Rule of Appellate Procedure 26.2(a)(1) requires the notice of appeal to be filed within 30 days after the day the trial court enters an appealable order.  The trial court signed an order denying the application on July 16, 2010.  The notice of appeal was therefore due no later than August 16, 2010.  See State v. Rosenbaum, 818 S.W.2d 398, 402 (Tex. Crim. App. 1991) (holding that appellate timetables begin running from date trial court signs order).

          Harris‑Pickett’s remedy for not filing a timely notice of appeal of appeal is to file an application for a writ of habeas to ask the district court to grant an out‑of‑time appeal.  See Rodriguez v. Court of Appeals, Eighth Supreme Judicial Dist., 769 S.W.2d 554, 558–59 (Tex. Crim. App. 1989) (orig. proceeding) (out‑of‑time appeal).  In its brief, the State points out that Harris‑Pickett could also file another article 11.072 writ and appeal if the trial court denies her requested relief.

          We dismiss the appeal for want of jurisdiction.

                                                                      Jim Sharp

                                                                      Justice

Panel consists of Justices Keyes, Bland, and Sharp.

Do not publish.  Tex. R. App. P. 47.2(b).

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[1]         See Tex. Code Crim. Proc. Ann. art. 11.072, § 8 (West 2005); Tex. R. App. P. 31.

[2]         See Tex. Penal Code Ann. § 31.03(a), (b), (e)(4)(A) (West 2011).

[3]         See Tex. Code Crim. Proc. Ann. art. 11.072, § 7 (West 2005) (allowing trial court to deny application on its face).