Carl Roberson v. State

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00178-CR
___________________________
CARL ROBERSON, Appellant
V.
THE STATE OF TEXAS
On Appeal from the 362nd District Court
Denton County, Texas
Trial Court No. F-2013-1844-D
Before Sudderth, C.J.; Gabriel and Kerr, JJ.
Memorandum Opinion by Chief Justice Sudderth
MEMORANDUM OPINION
On May 8, 2019, pro se appellant Carl Roberson filed a “Motion Asking Court
to ‘Appeal,’” attempting to appeal his November 13, 2014 felony DWI conviction in
trial court cause number F-2013-1844-D. Roberson had pleaded guilty to that offense
in exchange for a 20-year sentence, and the trial court’s certification of his right to
appeal in that case stated that the case was a plea-bargain case, that he had no right of
appeal, and that he had waived the right of appeal.
We informed Roberson of our concern that we lacked jurisdiction over the
appeal because we do not have the authority to grant an out-of-time appeal, see Slaton
v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998), and do not have jurisdiction
over postconviction applications under code of criminal procedure article 11.07, see
Tex. Code Crim. Proc. Ann. art. 11.07. We asked him to file a response showing
grounds for continuing the appeal by July 8, 2019, or we would dismiss the appeal.
See Tex. R. App. P. 44.3. Roberson filed a response, but it does not show grounds for
continuing his attempted appeal of his 2014 plea-bargained conviction. Accordingly,
we dismiss his appeal for want of jurisdiction. See Tex. R. App. P. 25.2(a)(2), (d),
26.2(a), 43.2(f).
/s/ Bonnie Sudderth
Bonnie Sudderth
Chief Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: August 8, 2019
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