Bryant Keith Johnson v. State ( 2005 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-05-00043-CR NO. 03-05-00044-CR

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Bryant Keith Johnson, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT NOS. 3030384 & 3030397, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING

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

Bryant Keith Johnson seeks to appeal from judgments of conviction for aggravated robbery. Sentence was imposed on August 28, 2003. Johnson filed his pro se motion for out-of-time appeal on January 7, 2005. Even if the motion is treated as a notice of appeal, it was not timely filed. See Tex. R. App. P. 26.2(a). If Johnson believes that he is entitled to an out-of-time appeal, he must seek it by means of a post-conviction habeas corpus proceeding. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2004-05). We lack jurisdiction to dispose of the purported appeals in any manner other than by dismissing them for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996).

The appeals are dismissed.

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Bea Ann Smith, Justice

Before Justices B. A. Smith, Puryear and Pemberton

Dismissed for Want of Jurisdiction

Filed: February 8, 2005

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