Troy Lee Perkins v. State

• Court: Court of Appeals of Texas
• Decided: September 11, 2013
• Docket: 05-13-01119-CR
• Status: Published

Opinion

Dismiss and Opinion Filed September 11, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01119-CR No. 05-13-01120-CR No. 05-13-01121-CR No. 05-13-01122-CR

TROY LEE PERKINS, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F07-00645-S, F07-71769-S, F07-71970-S, F07-71990-S

MEMORANDUM OPINION Before Justices FitzGerald, Francis, and Myers Opinion by Justice FitzGerald Troy Lee Perkins pleaded guilty to four aggravated robbery offenses. Pursuant to plea

agreements, punishment in each case was assessed at twelve years’ imprisonment. The

sentences were imposed in open court on January 7, 2008. Appellant did not appeal his

convictions at the time. The Court now has before it appellant’s August 14, 2013 pro se

“premature notice of appeal” stating that on August 5, 2013, he filed an application for post-

conviction writ of habeas corpus seeking out-of-time appeals of these cases. In the notice of

appeal, appellant asks that we “take notice of appeal” and order the trial court to appoint counsel

to represent appellant in his out-of-time appeals. “Jurisdiction concerns the power of a court to hear and determine a case.” Olivo v. State,

918 S.W.2d 519, 522 (Tex. Crim. App. 1996). The jurisdiction of an appellate court must be

legally invoked, and if not, the power of the court to act is as absent as if it did not exist. See id.

As a general rule, an appellate court may consider appeals by criminal defendants only after

conviction. Wright v. State, 969 S.W.2d 588, 589 (Tex. App.––Dallas 1998, no pet.). A court of

appeals has no jurisdiction over an appeal absent a written judgment or an appealable order. See

Gutierrez v. State, 307 S.W.3d 318, 321 (Tex. Crim. App. 2010); Nikrasch v. State, 698 S.W.2d

443, 450 (Tex. App.––Dallas 1985, no pet.).

Appellant’s August 14, 2013 notice of appeal is untimely as to the January 7, 2008

sentences in these cases. See TEX. R. APP. P. 26.2(a)(1); Slaton v. State, 981 S.W.2d 208, 210

(Tex. Crim. App. 1998) (per curiam). Moreover, the Court has received nothing from the Texas

Court of Criminal Appeals stating appellant has been granted out-of-time appeals, and this Court

has no authority to grant appellant out-of-time appeals.

Accordingly, we dismiss the appeals for want of jurisdiction.

/Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE

Do Not Publish TEX. R. APP. P. 47 131119F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

TROY LEE PERKINS, Appellant On Appeal from the 282nd Judicial District Court, Dallas County, Texas No. 05-13-01119-CR V. Trial Court Cause No. F07-00645-S. Opinion delivered by Justice FitzGerald. THE STATE OF TEXAS, Appellee Justices Francis and Myers participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered September 11, 2013

–3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

TROY LEE PERKINS, Appellant On Appeal from the 282nd Judicial District Court, Dallas County, Texas No. 05-13-01120-CR V. Trial Court Cause No. F07-71769-S. Opinion delivered by Justice FitzGerald. THE STATE OF TEXAS, Appellee Justices Francis and Myers participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

–4– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

TROY LEE PERKINS, Appellant On Appeal from the 282nd Judicial District Court, Dallas County, Texas No. 05-13-01121-CR V. Trial Court Cause No. F07-71970-S. Opinion delivered by Justice FitzGerald. THE STATE OF TEXAS, Appellee Justices Francis and Myers participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

–5– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

TROY LEE PERKINS, Appellant On Appeal from the 282nd Judicial District Court, Dallas County, Texas No. 05-13-01122-CR V. Trial Court Cause No. F07-71990-S. Opinion delivered by Justice FitzGerald. THE STATE OF TEXAS, Appellee Justices Francis and Myers participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

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