Gonzales, Carlos v. The State of Texas--Appeal from 230th District Court of Harris County

Dismissed and Memorandum Opinion filed August 12, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00630-CR

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CARLOS GONZALES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 947,944

M E M O R A N D U M O P I N I O N

After a plea of guilty, appellant was convicted of the offense of forgery and sentenced to twelve years= imprisonment on May 9, 2003. Appellant appealed and we dismissed his appeal on July 17, 2003 because his sentence was imposed pursuant to a plea bargain and he had no right of appeal. Mandate issued on October 6, 2003.

On May 26, 2004, appellant filed in the trial court an Aout of time motion for new trial,@ which the trial court denied on May 28, 2004. On June 22, 2004, appellant filed a notice of appeal from the trial court=s denial of his Amotion for a new trial (out of time).@ This appeal followed.

Neither the trial court nor this Court has authority to grant an out-of-time appeal. The exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to article 11.07 of the Code of Criminal Procedure. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); Tex. Code Crim. Proc. Ann. Art. 11.07 (Vernon Supp. 2004).

Accordingly, the appeal is ordered dismissed for lack of jurisdiction.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 12, 2004.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex. R. App. P. 47.2(b).