Keenon Jones v. State ( 2014 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-12-00496-CR
KEENON JONES, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 140th District Court
Lubbock County, Texas
Trial Court No. 2010-426,671, Honorable Jim Bob Darnell, Presiding
September 19, 2014
MEMORANDUM OPINION
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Appellant filed a “Motion for Request for Out of Time Appeal” on September 9,
2014. This document references trial court cause number 2010-426,671, and relates to
issues arising during the trial and appeal of that cause. However, the direct appeal of
that trial court cause number was resolved by this Court’s opinion and judgment of July
19, 2013. See Jones v. State, No. 07-12-00496-CR, 2013 Tex. App. LEXIS 8969 (Tex.
App.—Amarillo July 19, 2013, pet. ref’d). Following denial of appellant’s petition for
discretionary review by the Texas Court of Criminal Appeals, see In re Jones, No. PD-
1045-13, 2014 Tex. Crim. App. LEXIS 16 (Tex. Crim. App. Jan. 15, 2014) (decision
without published opinion), mandate was issued on February 19, 2014. This Court’s
plenary power expired 60 days after judgment. TEX. R. APP. P. 19.1(a).
As a result, this Court does not have jurisdiction over appellant’s attempted
appeal. Because this Court is without plenary power over this appeal, no further action
may be taken by this Court in this proceeding and the appeal is hereby dismissed.1
Per Curiam
Do not publish.
1
However, appellant may be entitled to an out-of-time appeal by filing a post-conviction writ of
habeas corpus returnable to the Texas Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art.
11.07, § 3 (West Supp. 2014); Ex parte Garcia, 988 S.W.2d 240, 241 (Tex. Crim. App. 1999). However,
the availability of that remedy is beyond the jurisdiction of this Court.
2