Dustin Wilson Taylor v. State ( 2006 )

                NO. 12-06-00119-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DUSTIN WILSON TAYLOR,          §          APPEAL FROM THE 4TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §          RUSK COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant pleaded guilty to attempted murder.  On August 30, 2005, the trial court found him guilty and assessed his punishment at imprisonment for ten years.  Appellant did not file a notice of appeal.  On April 12, 2006, Appellant filed a notice of appeal by which he sought to appeal the trial court’s denial of his “Ex Parte Motion for Post Conviction ‘Notice of Appeal’ Out of Time or a New Trial for a Good Cause Shown.”  On April 26, 2006, this Court notified Appellant that the information received in this appeal does not show the jurisdiction of this Court in that no final judgment or other appealable order is contained therein.  Appellant was further notified that the appeal would be dismissed unless the information was amended on or before May 8, 2006 to show this Court’s jurisdiction.  On May 8, 2006, Appellant responded to our April 26, 2006 notice, but did not amend the previously received information.

            Subject to certain exceptions not applicable here, a criminal defendant may appeal only from a final judgment.  See State v. Sellers, 790 S.W.2d 316, 321 n.4 (Tex. Crim. App. 1990).  Consequently, the denial of a motion for new trial is not separately appealable.  See, e.g., Graves v. State, No. 14-05-00034-CR, 2005 WL 309977, at *1 (Tex. App.–Houston [14th Dist.] Feb. 10, 2005, no pet.) (not designated for publication).  Similarly, a trial court’s order denying a motion for an out of time appeal is not an appealable order.¹  Therefore, we have no jurisdiction over this appeal.  Accordingly, the appeal is dismissed for want of jurisdiction.

Opinion delivered May 10, 2006.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(DO NOT PUBLISH)

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¹ As an aside, we note that the court of criminal appeals has exclusive jurisdiction in a felony case to grant an out of time appeal.  See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005).