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Troy Lee Perkins v. State ( 2014 )


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  • Dismissed and Opinion Filed December 10, 2014.
S    In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01546-CR
No. 05-14-01547-CR
TROY LEE PERKINS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F07-71970-S, F07-71990-S
MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Myers
Opinion by Justice Myers
Troy Lee Perkins was convicted of aggravated robbery and sentenced to twelve years’
imprisonment in each case. Sentence was imposed in open court on January 7, 2008, and
appellant did not appeal at that time. The Court now has before it appellant’s “notice of appeal
and motion for new trial.” In the notice, appellant does not assert that any new appealable orders
have been entered since his conviction and sentencing. Rather, he challenges the proceedings
out of which his conviction arose and also references article 11.07, the post-conviction habeas
corpus provisions in the Texas Code of Criminal Procedure.
“Jurisdiction concerns the power of a court to hear and determine a case.” Olivo v. State,
    918 S.W.2d 519
    , 522 (Tex. Crim. App. 1996). The jurisdiction of an appellate court must be
legally invoked, and, if not, the power of the court to act is as absent as if it did not exist. See
    id. at 523. 
    To invoke the Court’s jurisdiction, an appellant must file his notice of appeal within the
time period provided by the rules of appellate procedure. See id.; see also Slaton v. State,
    981 S.W.2d 208
    , 210 (Tex. Crim. App. 1998) (per curiam).
This Court has no jurisdiction over post-conviction habeas corpus proceedings brought
under article 11.07. See TEX. CODE CRIM. P. ANN. arts. 11.05, 11.07 (West 2005 & Supp. 2014);
Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist.,
    910 S.W.2d 481
    ,
483–84 (Tex. Crim. App. 1995) (orig. proceeding) (per curiam).
Moreover, appellant’s December 1, 2014 notice of appeal is untimely as to the January 7,
2008 sentencing date. See TEX. R. APP. P. 26.2(a)(1);
    Slaton, 981 S.W.2d at 210
    .
We dismiss the appeals for want of jurisdiction.
/Lana Myers/
LANA MYERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
141546F.U05
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TROY LEE PERKINS, Appellant                         On Appeal from the 282nd Judicial District
Court, Dallas County, Texas
No. 05-14-01546-CR        V.                        Trial Court Cause No. F07-71970-S.
Opinion delivered by Justice Myers, Justices
THE STATE OF TEXAS, Appellee                        Bridges and Lang-Miers participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 10th day of December, 2014.
–3–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TROY LEE PERKINS, Appellant                         On Appeal from the 282nd Judicial District
Court, Dallas County, Texas
No. 05-14-01547-CR        V.                        Trial Court Cause No. F07-71990-S.
Opinion delivered by Justice Myers, Justices
THE STATE OF TEXAS, Appellee                        Bridges and Lang-Miers participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 10th day of December, 2014.
–4–