Larry Joe Jones v. The State of Texas Appeal from 85th District Court of Brazos County (memorandum opinion)
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IN THE TENTH COURT OF APPEALS No. 10-20-00192-CR LARRY JOE JONES, Appellant v. THE STATE OF TEXAS, Appellee From the 85th District Court Brazos County, Texas Trial Court No. 14-02769-CRF-85 MEMORANDUM OPINION Appellant Larry Joe Jones was convicted by a jury of the offense of evading arrest with a vehicle and was sentenced to a term of incarceration of seventy-five years. The offense was enhanced by a prior felony offense, and the jury made a deadly weapon finding. Jones’s conviction was affirmed on appeal. See Jones v. State, No. 06-15-00124CR, 2016 WL 5854355 (Tex. App.—Texarkana Oct. 7, 2016, pet. ref’d) (mem. op., not designated for publication).1 Jones’s conviction was final at the latest fifteen days after the Court of Criminal Appeals rejected his petition for discretionary review on March 8, 2017. See TEX. R. APP. P. 49. Jones files a “Petition” to be granted leave to file a “first-time” appeal to raise an issue that was not included in his first appeal. We have no jurisdiction to grant an untimely appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no appellate jurisdiction where notice of appeal is untimely). Additionally, the authority to grant an out-of-time appeal belongs exclusively to the Court of Criminal Appeals through a writ of habeas corpus. See Pitts v. State, No. 10-16-00026-CR, 2016 WL 369544, at *1 (Tex. App.—Waco Jan. 28, 2016, pet. ref’d) (mem. op., not designated for publication). Accordingly, Jones’s “petition” for an out-of-time appeal and this proceeding as a whole are dismissed for want of jurisdiction. Notwithstanding that we are dismissing this appeal, Jones may file a motion for rehearing with this Court within fifteen (15) days after the judgment of this Court is rendered. See TEX. R. APP. P. 49.1. If Jones desires to have the decision of this Court reviewed by filing a petition for discretionary review, that petition must be filed with the Court of Criminal Appeals within thirty (30) days after either the day this Court’s 1 Jones’s original appeal was filed with this court but was transferred to the Sixth Court of Appeals by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001. Jones v. State Page 2 judgment is rendered or the day the last timely motion for rehearing is overruled by this Court. See TEX. R. APP. P. 68.2(a). REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Justice Neill Dismissed Opinion delivered and filed July 31, 2020 Do not publish [CR25] Jones v. State Page 3
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