Lawrence Lee III v. State ( 2011 )

IN THE
TENTH COURT OF APPEALS
No. 10-11-00172-CR
LAWRENCE LEE III,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 85th District Court
Brazos County, Texas
Trial Court No. 10-00668-CRF-85
MEMORANDUM OPINION
Lawrence Lee III, pro se, appeals from his felony conviction. The Clerk warned
Lee that the Court would dismiss his appeal because his notice of appeal was not timely
filed unless, within 21 days, a response was filed showing grounds for continuing the
appeal. The date sentence was imposed was April 28, 2010. Lee’s notice of appeal was
filed on October 6, 2010 and was thus untimely. See TEX. R. APP. P. 26.2(a)(1) (providing
that notice of appeal must be filed within 30 days after date sentence imposed or 30
days after entry of appealable order).
Lee’s response complains of the trial court’s delay in responding to his October 3,
2010 letter and his trial attorney’s alleged ineffective assistance. We lack jurisdiction to
address these grounds and to grant an out-of-time appeal; that authority belongs
exclusively to the Court of Criminal Appeals through a writ of habeas corpus. See Parr
v. State, 206 S.W.3d 143, 144-45 (Tex. App.—Waco 2006, no pet.). Because Lee’s notice of
appeal is untimely, we lack jurisdiction and dismiss his appeal. Lee’s motion for
appointment of counsel and for a free record is dismissed as moot.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed; motion dismissed as moot
Opinion delivered and filed June 15, 2011
Do not publish
[CRPM]
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