Eric Wayne Bennett v. The State of Texas Appeal from 194th Judicial District Court of Dallas County (memorandum opinion)

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DISMISS; and Opinion Filed December 28, 2017. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01453-CR No. 05-17-01454-CR No. 05-17-01455-CR ERIC WAYNE BENNETT, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F01-58893-LM, F01-59108-NM and F01-76112-NM MEMORANDUM OPINION Before Justices Lang, Brown, and Whitehill Opinion by Justice Brown Before the Court is Eric Wayne Bennett’s motion for out of time appeals. On June 13, 2002, after appellant pleaded guilty to three aggravated robberies, the jury assessed punishment at sixty years in prison and a $5,000 fine in each case. Appellant then filed three appeals with this Court in which he challenged the admission of extraneous offense evidence. We affirmed his convictions, and the Texas Court of Criminal Appeals refused his petitions for discretionary review. Bennett v. State, No. 05-02-01024-CR, 2003 WL 21384656 (Tex. App.—Dallas June 17, 2003, pet. ref’d) (not designated for publication). Our mandates issued on August 4, 2004. On December 15, 2017, appellant filed his request for an out of time appeal in each of the three cases, stating he was denied the effective assistance of counsel on direct appeal when his attorney did not raise subject matter jurisdiction. The law is well-settled that the appropriate vehicle for seeking an out-of-time appeal is by filing, “in the convicting court,” an article 11.07 writ of habeas corpus returnable to the Texas Court of Criminal Appeals. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 4 (West 2002). We have no jurisdiction to grant an out of time appeal. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 4; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (Texas Court of Criminal Appeals is “the only court with jurisdiction in final post-conviction felony proceedings.”). Because we lack jurisdiction over these cases, we dismiss these appeals. /Ada Brown/ ADA BROWN JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 171453F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT ERIC WAYNE BENNETT, Appellant No. 05-17-01453-CR On Appeal from the 194th Judicial District Court, Dallas County, Texas Trial Court Cause No. F01-58893-LM. Opinion delivered by Justice Brown, Justices Lang and Whitehill participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal. Judgment entered this 28th day of December, 2017. –3– Court of Appeals Fifth District of Texas at Dallas JUDGMENT ERIC WAYNE BENNETT, Appellant No. 05-17-01454-CR On Appeal from the 194th Judicial District Court, Dallas County, Texas Trial Court Cause No. F01-59108-NM. Opinion delivered by Justice Brown, Justices Lang and Whitehill participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal. Judgment entered this 28th day of December, 2017. –4– Court of Appeals Fifth District of Texas at Dallas JUDGMENT ERIC WAYNE BENNETT, Appellant No. 05-17-01455-CR On Appeal from the 194th Judicial District Court, Dallas County, Texas Trial Court Cause No. F01-76112-NM. Opinion delivered by Justice Brown, Justices Lang and Whitehill participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal. Judgment entered this 28th day of December, 2017. –5–

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