Charles Ray Walton v. State ( 2009 )

Motion for Rehearing Overruled.  Memorandum Opinion of September 3, 2009 Withdrawn.  Dismissed and Memorandum Opinion on Rehearing filed October 22, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00686-CR

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CHARLES RAY WALTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 1031750

MEMORANDUM OPINION ON REHEARING

This is an attempted appeal of the denial of an out-of-time motion for new trial. 

Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant when there has been a final judgment of conviction.  McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth 1996, no pet.).

Appellant’s conviction was affirmed by this court on March 8, 2007.  Walton v. State, No. 14-06-00227-CR, 2007 WL 706582 (Tex. App.CHouston [14th Dist.] 2007, pet. ref=d), cert. denied, 128 S. Ct. 1710 (2008).  Our plenary jurisdiction over that case expired in May 2007, 60 days after the judgment issued.  See Tex. R. App. P. 19.1(a).  In attempting to appeal the denial of an out-of-time motion for new trial, appellant attempts to file a post-conviction collateral attack over which this court has no jurisdiction.  See Kim v. State, 181 S.W.3d 448, 449 (Tex. App.—Waco 2005, no pet.). 

Accordingly, the appeal is ordered dismissed.

                                                                                    PER CURIAM

Panel consists of Justices Yates, Frost, and Brown.

Do Not Publish — Tex. R. App. P. 47.2(b).