I. J. Moore, Jr., Relator v. Honorable Bryan Coday, Official Court Reporter, 40th District Court, Ellis County, Texas ( 1991 )

I.J. Moore v. Coday (C/R)

NO. 10-91-049-CV

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

* * * * * * * * * * * * *

          I. J. MOORE, JR.,

                                                                                            Relator

          v.

          HONORABLE BRYAN CODAY, OFFICIAL COURT

          REPORTER, 40TH DISTRICT COURT, ELLIS

          COUNTY, TEXAS,

                                                                                            Respondent

* * * * * * * * * * * * *

Original Proceeding

* * * * * * *

MEMORANDUM OPINION

* * * * * * *

          We granted leave to file the petition for writ of mandamus to compel the court reporter to prepare the statement of facts in a criminal case pending in this court and set a hearing for April 25, 1991. On April 22, the statement of facts was received and the hearing was postponed so that the attorneys could review the statement of facts.

          After review, the statement of facts was filed as of the date of its reception. We dismiss this proceeding as moot.

                                                                                 PER CURIAM

Before Chief Justice Thomas,

          Justice Cummings and

          Justice Vance

Dismissed

Opinion delivered and filed July 11, 1991

Do not publish

appeal.  The date sentence was imposed was April 28, 2010.  Lee’s notice of appeal was filed on October 6, 2010 and was thus untimely.  See Tex. R. App. P. 26.2(a)(1) (providing that notice of appeal must be filed within 30 days after date sentence imposed or 30 days after entry of appealable order).

Lee’s response complains of the trial court’s delay in responding to his October 3, 2010 letter and his trial attorney’s alleged ineffective assistance.  We lack jurisdiction to address these grounds and to grant an out-of-time appeal; that authority belongs exclusively to the Court of Criminal Appeals through a writ of habeas corpus.  See Parr v. State, 206 S.W.3d 143, 144-45 (Tex. App.—Waco 2006, no pet.). Because Lee’s notice of appeal is untimely, we lack jurisdiction and dismiss his appeal.  Lee’s motion for appointment of counsel and for a free record is dismissed as moot.

 

 

REX D. DAVIS

Justice

           

 

 

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Appeal dismissed; motion dismissed as moot

Opinion delivered and filed June 15, 2011

Do not publish

[CRPM]