Eric Flores v. The State of Texas Appeal from 120th District Court of El Paso County (memorandum opinion)

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ERIC FLORES, § No. 08-21-00203-CR § Appeal from the v. § 120th Judicial District Court THE STATE OF TEXAS, § of El Paso County, Texas § (TC# 20110D01621) Appellant, Appellee. MEMORANDUM OPINION Appellant Eric Flores, pro se, has filed a document that we construe as a notice of appeal relating to The State of Texas v. Eric Flores, trial court cause number 20110D01621, arising out of the 120th District Court. We dismiss for want of jurisdiction. On May 18, 2017, this Court issued an opinion affirming Flores’s conviction arising from trial court cause number 20110D01621, arising out of the 120th District Court, and the Texas Court of Criminal Appeals refused the petition for discretionary review. See Flores v. State, No. 08-1600025-CR, 2017 WL 2180705 (Tex.App.—El Paso May 18, 2017, pet. ref’d)(not designated for publication). Flores’s conviction is final, and this Court does not have jurisdiction to entertain another appeal from the same case.1 1 This Court has previously dismissed two other attempted out-of-time appeals from this same judgment of conviction. To the extent Flores is requesting an out-of-time appeal, only the Texas Court of Criminal Appeals has jurisdiction to grant Appellant an out-of-time appeal of his felony convictions. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex.Crim.App. 1991)(en banc)(explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs out-of-time appeals from felony convictions). Accordingly, we dismiss this attempted appeal for lack of jurisdiction. GINA M. PALAFOX, Justice January 31, 2022 Before Rodriguez, C.J., Palafox, and Alley, JJ. (Do Not Publish) See Flores v. State, No. 08-19-00232-CR, 2019 WL 4892380, at *1 (Tex.App—El Paso Oct. 4, 2019, pet. ref’d)(mem. op., not designated for publication); Flores v. State, No. 08-21-00133-CR, 2021 WL 3855826, at *1 (Tex.App.—El Paso Aug. 30, 2021, pet. ref’d)(mem. op., not designated for publication).

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