Troy Lee Perkins v. The State of TexasAppeal from 282nd Judicial District Court of Dallas County (memorandum opinion )

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Dismissed and Opinion Filed July 2, 2014. S In The Court of Appeals 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. 05-1201511-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 In The Court of Appeals Fifth District of Texas at Dallas JUDGMENT TROY LEE PERKINS, Appellant No. 05-14-00826-CR On Appeal from the 282nd Judicial District Court, Dallas County, Texas Trial Court Cause No. F07-00645-S. Opinion delivered by Justice Lang, Justices Myers and Brown participating. V. THE STATE OF TEXAS, Appellee 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 In The Court of Appeals Fifth District of Texas at Dallas JUDGMENT TROY LEE PERKINS, Appellant No. 05-14-00827-CR On Appeal from the 282nd Judicial District Court, Dallas County, Texas Trial Court Cause No. F07-71769-S. Opinion delivered by Justice Lang, Justices Myers and Brown participating. V. THE STATE OF TEXAS, Appellee 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. 4 S In The Court of Appeals Fifth District of Texas at Dallas JUDGMENT TROY LEE PERKINS, Appellant No. 05-14-00828-CR On Appeal from the 282nd Judicial District Court, Dallas County, Texas Trial Court Cause No. F07-71970-S. Opinion delivered by Justice Lang, Justices Myers and Brown participating. V. THE STATE OF TEXAS, Appellee 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. 5 S In The Court of Appeals Fifth District of Texas at Dallas JUDGMENT TROY LEE PERKINS, Appellant No. 05-14-00829-CR On Appeal from the 282nd Judicial District Court, Dallas County, Texas Trial Court Cause No. F07-71990-S. Opinion delivered by Justice Lang, Justices Myers and Brown participating. V. THE STATE OF TEXAS, Appellee 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. 6

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