Anthony Torres DeLeon 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. 04-16-00579-CR Anthony Torres DELEON, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2008CR10045B Honorable Mary D. Roman, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: October 19, 2016 DISMISSED FOR LACK OF JURISDICTION In 2011, appellant was convicted of murder and sentenced to twenty-three years in prison. Sentence was imposed on April 4, 2011. Appellant appealed, and this court affirmed the trial court’s judgment. See De Leon v. State, 373 S.W.3d 644 (Tex. App.—San Antonio 2012, pet. ref’d). The mandate issued on October 24, 2012. On August 29, 2016, appellant filed a document in the trial court in which he expressed a desire to proceed with an out-of-time appeal. On September 7, 2016, the trial court appointed 04-16-00579-CR counsel to represent appellant. On September 14, 2016, the trial court clerk filed the clerk’s record in this court. After reviewing the clerk’s record, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Counsel for appellant has filed a response in which he agrees this court has no jurisdiction over this attempted appeal. This appeal is dismissed for lack of jurisdiction. PER CURIAM Do not publish -2-

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