Troy Lee Perkins v. State

• Court: Court of Appeals of Texas
• Decided: February 3, 2014
• Docket: 05-14-00094-CR
• Status: Published

Opinion

DISMISS; and Opinion Filed February 3, 2014.

Court of Appeals S In The

Fifth District of Texas at Dallas No. 05-14-00091-CR No. 05-14-00092-CR No. 05-14-00093-CR No. 05-14-00094-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 Francis, Lang-Miers, and Lewis Opinion by Justice Lang-Miers Troy Lee Perkins pleaded guilty to four aggravated robbery offenses. Pursuant to plea

agreements, he was sentenced to twelve years’ imprisonment in each case. Sentence was

imposed in open court on January 7, 2008, and appellant did not appeal at that time. The Court

now has before it appellant’s January 27, 2014 third out-of-time notice of appeal for these cases. 1

In his third “general notice of appeal,” appellant seeks to withdraw his guilty pleas and

permission to appeal.

1 This Court has twice before dismissed appeals involving these same trial court numbers for want of jurisdiction. See Perkins v. State, Nos. 05-13-01119–01122-CR (Tex. App.-–Dallas Sept. 11, 2013, pet. ref’d); See Perkins v. State, No. 05-12-01511-CR (Tex. App.-–Dallas Dec. 13, 2012, no pet.); Perkins v. State, Nos. 05-12-01512–01514-CR (Tex. App.-––Dallas, Nov. 28, 2012, no pet.). Appellant’s January 27, 2014 notice of appeal is untimely as to his 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.

We dismiss the appeals for want of jurisdiction.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

Do Not Publish TEX. R. APP. P. 47

140091F.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. 05-14-00091-CR V. Trial Court Cause No. F07-00645-S. Opinion delivered by Justice Lang-Miers, THE STATE OF TEXAS, Appellee Justices Francis and Lewis participating.

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

Judgment entered this 3rd day of February, 2014.

–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. 05-14-00092-CR V. Trial Court Cause No. F07-71769-S. Opinion delivered by Justice Lang-Miers, THE STATE OF TEXAS, Appellee Justices Francis and Lewis 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. 05-14-00093-CR V. Trial Court Cause No. F07-71970-S. Opinion delivered by Justice Lang-Miers, THE STATE OF TEXAS, Appellee Justices Francis and Lewis 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. 05-14-00094-CR V. Trial Court Cause No. F07-71990-S. Opinion delivered by Justice Lang-Miers, THE STATE OF TEXAS, Appellee Justices Francis and Lewis participating.

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

–6–