Troy Lee Perkins v. State

Opinion

Dismissed and Opinion Filed July 2, 2014.

Court of Appeals S In The

Fifth District of Texas at Dallas No. 05-14-00826-CR No. 05-14-00827-CR No. 05-14-00828-CR No. 05-14-00829-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 Lang, Myers, and Brown Opinion by Justice Lang 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 June 25, 2014 “original appeal to trial court’s jurisdiction pursuant

to Texas Constitution article 5, § 6; VACCP art. 4.03.” This is the fifth out-of-time notice of

appeal appellant has filed regarding his convictions. 1 In this notice of appeal, appellant contends

1 This Court has previously dismissed for want of jurisdiction appeals involving these same trial court numbers. See Perkins v. State, Nos. 05- 14-00460––00463-CR (Tex. App.––Dallas Apr. 17, 2014, no pet.); Perkins v. State, Nos. 05-14-00091–00094-CR (Tex. App.–Dallas Feb. 3, 2014, pet. ref’d); Perkins v. State, Nos. 05-13-01119–01122-CR (Tex. App.–Dallas Sept. 11, 2013, pet. ref’d); 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.). the trial court’s judgments of conviction are void because the trial court “lost jurisdiction” over

appellant “when she was instructed that [he] was a MHMR patient.”

“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.

at 523. To invoke the Court’s jurisdiction, an appellant must file his notice of appeal within the

time period provided by the rules of appellate procedure. See id.; see also Slaton v. State, 981

S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam).

Appellant’s June 25, 2014 notice of appeal is untimely as to the January 7, 2008

convictions. See TEX. R. APP. P. 26.2(a)(1); Slaton, 981 S.W.2d at 210. This Court has no

authority to grant appellant out-of-time appeals, nor do we have jurisdiction to entertain a

collateral attack on his final felony convictions. See TEX. CODE CRIM. P. ANN. arts. 1105, 11.07

(West 2005). See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth

Dist., 910 S.W.2d 481, 484 (Tex. Crim. App. 1995) (orig. proceeding).

We dismiss the appeals for want of jurisdiction.

/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

Do Not Publish TEX. R. APP. P. 47 140826F.U05

–2– S Court of Appeals In The

Fifth District of Texas at Dallas JUDGMENT

TROY LEE PERKINS, Appellant On Appeal from the 282nd Judicial District Court, Dallas County, Texas No. 05-14-00826-CR V. Trial Court Cause No. F07-00645-S. Opinion delivered by Justice Lang, Justices THE STATE OF TEXAS, Appellee Myers and Brown participating.

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

Judgment entered this 2nd day of July, 2014.

–3– S Court of Appeals In The

TROY LEE PERKINS, Appellant On Appeal from the 282nd Judicial District Court, Dallas County, Texas No. 05-14-00827-CR V. Trial Court Cause No. F07-71769-S. Opinion delivered by Justice Lang, Justices THE STATE OF TEXAS, Appellee Myers and Brown participating.

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

–4– S Court of Appeals In The

TROY LEE PERKINS, Appellant On Appeal from the 282nd Judicial District Court, Dallas County, Texas No. 05-14-00828-CR V. Trial Court Cause No. F07-71970-S. Opinion delivered by Justice Lang, Justices THE STATE OF TEXAS, Appellee Myers and Brown participating.

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

–5– S Court of Appeals In The

TROY LEE PERKINS, Appellant On Appeal from the 282nd Judicial District Court, Dallas County, Texas No. 05-14-00829-CR V. Trial Court Cause No. F07-71990-S. Opinion delivered by Justice Lang, Justices THE STATE OF TEXAS, Appellee Myers and Brown participating.

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

–6–