Gerald L. Bradley v. State

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00495-CR
GERALD L. BRADLEY APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM CRIMINAL DISTRICT COURT NO. 2 OF TARRANT COUNTY
TRIAL COURT NO. 0918827D
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MEMORANDUM OPINION1
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On December 3, 2014, Appellant Gerald L. Bradley filed a notice of appeal
from the trial court’s August 21, 2014 orders denying his “Motion of Request to
Reverse Conviction for Improper Grand Jury Procedures” and his “Motion to
Show-Cause Order.” On December 18, 2014, we notified Bradley that it appears
we lack jurisdiction over this matter because the notice of appeal was not timely
1
See Tex. R. App. P. 47.4.
filed. See Tex. R. App. P. 26.2(a). We advised that this appeal could be
dismissed unless he, or any party desiring to continue the appeal, filed a
response showing grounds for continuing the appeal on or before December 29,
2014. Bradley filed a response, but it does not show grounds for continuing the
appeal.
This court does not have authority to grant an out-of-time appeal. See
Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Additionally,
unless expressly authorized by statute, appellate courts have jurisdiction to
review only final judgments of conviction in criminal cases. Apolinar v. State, 820
S.W.2d 792, 794 (Tex. Crim. App. 1991); see Tex. Code Crim. Proc. Ann. art.
44.02 (West 2006) (“A defendant in any criminal action has the right of appeal
under the rules hereinafter prescribed . . . .”). This court does not have
jurisdiction to review the denial of Bradley’s post-judgment motions.2
Accordingly, the appeal is dismissed for lack of jurisdiction. See Tex. R. App. P.
43.2(f).
PER CURIAM
PANEL: WALKER, MEIER, and GABRIEL, JJ.
2
On January 29, 2015, we received a pro se letter from Bradley. We
interpret his letter as a motion requesting that this court appoint counsel for him
and order the trial court to provide him a record and make certain findings and
conclusions. Because we determine that we lack jurisidiction, we deny Bradley’s
motion.
2
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 5, 2015
3