Andrew Scott Conroy v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00480-CR
Andrew Scott Conroy, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT
NO. 70183, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
MEMORANDUM OPINION
In 2013, appellant Andrew Scott Conroy pled guilty to “obstruction or retaliation,”
see Tex. Penal Code § 36.06, and the trial court signed an order of deferred adjudication, placing
appellant on community supervision for six years. On February 2, 2015, after appellant pled true to
various alleged violations of his terms of community supervision, the trial court signed an order
adjudicating his guilt and sentencing him to ten years’ confinement. On July 13, 2015, appellant
filed a “notice of out-of-time appeal,” stating he wished to appeal “based on [insufficient] counsel
among other things.”1
A notice of appeal must be filed within thirty days of the date sentence is imposed
in open court, unless a motion for new trial is filed, in which case the notice of appeal is due ninety
1
Appellant’s notice of appeal is file-stamped July 13, 2015, but he dated it June 17, 2015.
This discrepancy does not affect the outcome of the jurisdictional inquiry, however.
days after sentence is imposed. Tex. R. App. P. 26.2(a). Appellant did not file a motion for new trial
and, therefore, his notice of appeal was due March 4. Further, although appellant’s notice of appeal
states he wants to take an out-of-time appeal, the Texas Court of Criminal Appeals is the only
court with jurisdiction to consider a motion for an out-of-time appeal. See Ater v. Eighth Court of
Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (court of criminal appeals has exclusive
jurisdiction in final post-conviction felony proceedings); Portley v. State, 89 S.W.3d 188, 189 (Tex.
App.—Texarkana 2002, no pet.) (appropriate vehicle for seeking out-of-time appeal is by writ of
habeas corpus from court of criminal appeals under Tex. Code Crim. Proc. art. 11.07).
Because appellant’s notice of appeal was not timely filed, we lack jurisdiction to
consider his appeal. We therefore dismiss the appeal for want of jurisdiction.
___________________________________________
David Puryear, Justice
Before Justices Puryear, Goodwin, and Bourland
Dismissed for Want of Jurisdiction
Filed: October 2, 2015
Do Not Publish
2