In re Calvin Vernon--Appeal from 54th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00105-CR

In re Calvin Vernon

Original Proceeding

MEMORANDUM Opinion

Petitioner seeks by mandamus an out of time appeal of a criminal conviction. He asserts that he did not sign the Motion to Dismiss his appeal which resulted in his direct appeal being dismissed. See Vernon v. State, No. 10-91-145-CR (Tex. App. Waco Sept. 11, 1991, no pet.) (not designated for publication). By letter, the Clerk of this Court provided notice to Vernon that his petition may be dismissed for want of jurisdiction. In response, Vernon presented a motion requesting that the petition be changed to a Writ of Error and forwarded to the Texas Supreme Court. We deny his request.

We do not have jurisdiction to grant an out of time appeal. Parr v. State, 206 S.W.3d 143, 145 (Tex. App. Waco 2006, no pet.); see Wallace v. State, No. 10-07-00041-CR, 2007 Tex. App. LEXIS 3203 (Tex. App. April 25, 2007, no pet.). Accordingly, the Petition for Writ of Mandamus is dismissed.[1]

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Petition dismissed

Opinion delivered and filed May 7, 2008

Do not publish

[OT06]

[1] Vernon asserts that the line for his signature in the motion to dismiss his appeal was left blank. We have reviewed the record from the appeal of the underlying criminal conviction. The motion to dismiss was personally signed by Vernon. A true, correct, and complete copy is attached to this memorandum opinion.