Paul Michael Brown v. The State of Texas--Appeal from 147th District Court of Travis County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-05-00756-CR Paul Michael Brown, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT NO. 953380, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING MEMORANDUM OPINION In August 1995, Paul Michael Brown was convicted of engaging in organized criminal activity and sentenced to fifty years in prison. In November 2005, Brown filed a motion requesting trial court s permission to seek out-of-time appeal. The motion was treated as a notice of appeal and forwarded to this Court. See Tex. R. App. P. 25.2(e). It is obviously too late to perfect a direct appeal. See Tex. R. App. P. 26.2(a). We also note that the trial court has certified that this is a plea bargain case and Brown has no right of appeal. See Tex. R. App. P. 25.2(d). If Brown is entitled to an out-of-time appeal, it must be granted by the court of criminal appeals in a post-conviction habeas corpus proceeding. See Tex. Code Crim. Proc. Ann. art. 11.07 (West 2005). The appeal is dismissed. __________________________________________ Bea Ann Smith, Justice Before Justices B. A. Smith, Patterson and Puryear Dismissed for Want of Jurisdiction Filed: December 6, 2005 Do Not Publish 2

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