Ex Parte Joseph Madison ( 2013 )

IN THE
TENTH COURT OF APPEALS
No. 10-12-00451-CR
EX PARTE JOSEPH MADISON
From the 361st District Court
Brazos County, Texas
Trial Court No.
MEMORANDUM OPINION
Joseph Madison requests an out-of-time appeal in this original proceeding. By
letter dated December 12, 2012, the Clerk of this Court notified Madison that the
proceeding was subject to dismissal because it appeared this Court did not have
jurisdiction to grant an out of time appeal. See Wallace v. State, 2007 Tex. App. LEXIS
3203 (Tex. App.—Waco Apr. 25, 2007, no pet.) (“The appropriate vehicle for seeking an
out-of-time appeal is by writ of habeas corpus from the Court of Criminal Appeals
pursuant to article 11.07 of the Code of Criminal Procedure. TEX. CODE CRIM. PROC.
ANN. art. 11.07 (Vernon 2005); Portley v. State, 89 S.W.3d 188, 189 (Tex. App.—Texarkana
2002, no pet.); Reyes v. State, 883 S.W.2d 291, 293 n.2 (Tex. App.—El Paso 1994, no
pet.).”).
Madison was further warned that the Court would dismiss the appeal unless,
within 21 days of the date of the letter, a response was filed showing grounds for
continuing the appeal. More than 21 days have passed and Madison has not filed a
response.
This appeal is dismissed.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed January 17, 2013
Do not publish
[OT06]
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