Larry Joe Jones v. The State of Texas

Bryan, TX - Criminal defense lawyer represented defendant charged with evading arrest with a vehicle.

Jones’s conviction was final at the latest fifteen days after

the Court of Criminal Appeals rejected his petition for discretionary review on March 8,

2017. See TEX. R. APP. P. 49.

Jones files a “Petition” to be granted leave to file a “first-time” appeal to raise an

issue that was not included in his first appeal. We have no jurisdiction to grant an

untimely appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no

appellate jurisdiction where notice of appeal is untimely). Additionally, the authority to

grant an out-of-time appeal belongs exclusively to the Court of Criminal Appeals through

a writ of habeas corpus. See Pitts v. State, No. 10-16-00026-CR, 2016 WL 369544, at *1 (Tex.

App.—Waco Jan. 28, 2016, pet. ref’d) (mem. op., not designated for publication).

Notwithstanding that we are dismissing this appeal, Jones may file a motion for

rehearing with this Court within fifteen (15) days after the judgment of this Court is

rendered. See TEX. R. APP. P. 49.1. If Jones desires to have the decision of this Court

reviewed by filing a petition for discretionary review, that petition must be filed with the

Court of Criminal Appeals within thirty (30) days after either the day this Court’s

1

Jones’s original appeal was filed with this court but was transferred to the Sixth Court of Appeals by the

Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001.

Accordingly, Jones’s “petition” for an out-of-time appeal and this proceeding as a whole are dismissed for want of jurisdiction.