Ray Stewart Marion v. The State of Texas--Appeal from 385th District Court of Midland County

11th Court of Appeals

Eastland, Texas

Opinion

Ray Stewart Marion

Appellant

Vs. No. 11-05-00182-CR -- Appeal from Midland County

State of Texas

Appellee

Ray Stewart Marion is attempting to appeal to this court his 1996 conviction in Trial Court Cause No. CRA-22,300. Appellant filed a pro se notice of appeal with the clerk of the trial court on May 20, 2005. When appellant s notice of appeal was received in this court, the clerk of this court wrote the parties stating that the notice of appeal was out of time and requesting that appellant respond within 15 days showing grounds for continuing the appeal.

Appellant has filed a pro se response to directive to provide reasonable explanation for failure to timely file notice of appeal. In his response, appellant states that his court-appointed trial counsel abandoned the motion for new trial. We disagree.

At the time of appellant s conviction, the Eighth Court of Appeals in El Paso had jurisdiction over appeals from Midland County. TEX. GOV T CODE 22.201 (1985). An appeal was timely perfected in Trial Court Cause No. CRA-22,300 to the El Paso Court; the El Paso Court affirmed the conviction in an unpublished opinion; and the Court of Criminal Appeals refused appellant s pro se petition. Marion v. State, No. 08-96-00150-CR (Tex.App. - El Paso, June 5, 1997, pet n ref d)(not reported). The El Paso Court issued its mandate on November 7, 1997. The Court of Criminal Appeals has not granted an out-of-time appeal. Therefore, this court does not have jurisdiction to entertain this appeal.

The appeal is dismissed for want of jurisdiction.

June 23, 2005 PER CURIAM

Do not publish. See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.