Raul Adam Trevino v. State ( 2013 )

Opinion issued June 27, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00246-CR
NO. 01-13-00247-CR
NO. 01-13-00248-CR
NO. 01-13-00249-CR
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RAUL ADAM TREVINO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 209th District Court
Harris County, Texas
Trial Court Cause Nos. 683652; 9416330; 9425377; 9425398
MEMORANDUM OPINION
Appellant, Raul Adam Trevino, proceeding pro se, filed a notice of appeal
seeking to challenge “any dismissal order enter [sic] by the Court of requested
relief(s) [sic] sought from this Court by properly filed motions mailed to this Court
on 2/27, 2013, or thereafter.” We dismiss the appeals.
On June 7, 1995, Trevino pleaded guilty and was convicted in trial court
cause numbers 683652 and 9425377 of aggravated robbery and in trial court cause
number 9425398 of unlawful possession of a firearm. He was sentenced to 30
years in prison in both causes 683652 and 9425377 and to ten years in prison in
cause 9425398. That same day, he pleaded true to a motion to revoke his
community supervision in cause number 9416330 and was sentenced to five years
in prison for unauthorized use of a motor vehicle. All of the sentences were
ordered to run concurrently. Trevino did not timely appeal from any of the
convictions.
On February 27, 2013, Trevino mailed a “Motion for Relevant State Records
& Other Evidence to Prove the Extent of his Claims,” a “Motion to Proceed in
Forma Pauperis,” a “Motion for Reporter’s Record of All Future Proceedings,” and
a “Declaration of Indigency” to the trial court clerk. Each of the filings lists trial
court cause numbers 683652, 9416330, 9425377, and 9425398 in the style. Later
that same day, Trevino mailed a “Notice of Appeal & Request for Permission to
Appeal any Order of the Court” to the trial court clerk, giving notice of appeal
“from any dismissal order enter [sic] by the Court of requested relief(s) [sic]
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sought from this Court by properly filed motions mailed to this Court on 2/27,
2013, or thereafter.”
Although the record contains no order of the trial court related to any of
Trevino’s filings, the trial court executed a certification of appellant’s right of
appeal on March 12, 2013, indicating that this is a plea-bargain case and Trevino
has no right of appeal.1
To the extent Trevino is attempting to appeal from the judgments of
conviction in each of these cases, his notice of appeal was untimely. See TEX. R.
APP. P. 26.2. The court of criminal appeals has expressly held that without a
timely filed notice of appeal or motion for extension of time we cannot exercise
jurisdiction over an appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim.
App. 1996); see also Slaton, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998).
Therefore, to the extent Trevino attempts to appeal from the judgments against
him, we have no jurisdiction over these appeals.
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The trial court must execute a certification of appellant’s right of appeal each time the
trial court enters an appealable order. See TEX. R. APP. P. 25.2. No order of the trial
court related to his notice of appeal or to the motions mailed on February 27, 2013 and
filed on March 4, 2013 appears in the record. And, unless a written, signed order of the
trial court appears in the record, we have no jurisdiction over the appeal. See, e.g.,
Broussard v. State, 01-10-00458-CR, 2010 WL 4056861, *2 (Tex. App.—Houston [1st
Dist.] Oct. 14, 2010, no pet.) (not designated for publication). We will not, however,
abate this case for a determination of whether any orders of the trial court exist, because,
as discussed below, Trevino’s felony convictions are final and we have no jurisdiction
over final post-conviction felony proceedings. See In re McAfee, 53 S.W.3d 715, 717
(Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).
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Further, to the extent he attempts to appeal from any orders of the trial court
related to the motions he mailed to the trial court clerk on February 27, 2013, these
motions relate to final felony convictions, and only the Texas Court of Criminal
Appeals has jurisdiction in final post-conviction felony proceedings. See TEX.
CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2012); Bd. of Pardons & Paroles
ex rel. Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex.
Crim. App. 1995); In re Briscoe, 230 S.W.3d 196, 196 (Tex. App.—Houston [1st
Dist.] 2006, orig. proceeding); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—
Houston [1st Dist.] 2001, orig. proceeding).
Accordingly, we dismiss the appeals for want of jurisdiction. See TEX.
CODE. CRIM. PROC. ANN. art. 11.07, § 3; Olivo, 918 S.W.2d at 522. We dismiss
any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Higley and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
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