Jerry Castillo, Jr. v. The State of Texas Appeal from 175th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00740-CR Jerry CASTILLO Jr., Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2004CR0144 Honorable Mary D. Roman, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice Delivered and Filed: December 30, 2015 DISMISSED FOR LACK OF JURISDICTION Jerry Castillo Jr. has filed a motion for leave to file a late notice of appeal. The trial court imposed Castillo’s sentence on October 4, 2004. The trial court certified Castillo waived his right of appeal and the case was a plea-bargain case for which Castillo has no right of appeal. This court is without authority to grant an out-of-time appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). 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 Texas Code of Criminal Procedure. Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991); see Charles v. State, 04-15-00740-CR 809 S.W.2d 574, 576 (Tex. App.—San Antonio 1991, no pet.) (explaining that writ of habeas corpus pursuant to article 11.07 governs out-of-time appeals from felony convictions). Accordingly, we lack jurisdiction to consider Castillo’s motion for leave to file a late notice of appeal. PER CURIAM DO NOT PUBLISH -2-
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