David Cleo Richard v. State ( 2013 )

Opinion issued June 27, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00367-CR
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DAVID CLEO RICHARD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 232nd District Court
Harris County, Texas
Trial Court Cause No. 498478
MEMORANDUM OPINION
Appellant, David Cleo Richard, was convicted of burglary of a habitation on
June 29, 1988. Richard filed an untimely notice of appeal on June 9, 2009, and we
dismissed the appeal for want of jurisdiction on August 28, 2009. Richard v. State,
No. 01-09-00559-CR, 2009 WL 2836494 (Tex. App.—Houston [1st Dist.] Aug.
28, 2009, no pet.) (not designated for publication).
On April 10, 2013, Richard filed a second notice of appeal.
Because Richard failed to timely file a notice of appeal, his conviction is
final. Therefore, pursuant to article 11.07 of the Texas Code of Criminal
Procedure, exclusive post-conviction jurisdiction of the case has passed to the
Texas Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07
(West Supp. 2012); Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for
Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995).
Accordingly, we dismiss the appeal. See TEX. R. APP. P. 43.2(f). We
dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Brown, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
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