Harold Curtis Biddie v. State ( 2015 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-15-00399-CR
________________________
HAROLD CURTIS BIDDIE, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 21st District Court
Bastrop County, Texas
Trial Court No. 7068; Honorable John L. Placke, Presiding
November 18, 2015
MEMORANDUM OPINION
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
Appellant, Harold Curtis Biddie, an inmate proceeding pro se and in forma
pauperis, seeks to appeal an order denying his motion for nunc pro tunc relief. This
appeal was transferred from the Third Court of Appeals to this court by the Texas
Supreme Court pursuant to its docket equalization efforts.1 TEX. GOV’T CODE ANN. §
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Appellant also filed a petition for writ of mandamus in the Third Court of Appeals on October 23,
2015. The petition was denied. In re Biddie, No. 03-15-00678-CV, 2015 Tex. App. LEXIS 11040 (Tex.
App.—Austin October 29, 2015, orig. proceeding)(mem. op).
73.001 (West 2013). By letter dated October 29, 2015, the court directed Appellant to
show why this court has jurisdiction over this appeal. Appellant has responded to the
court’s inquiry and we now dismiss the appeal for want of jurisdiction.
Appellant was convicted of aggravated sexual assault in 1988 and sentenced to
imprisonment for 99 years. In 1989, Appellant appealed his conviction and the Third
Court of Appeals affirmed the judgment. Twenty-six years later, Appellant filed a “Writ
of Nunc Pro Tunc,” which was denied by the trial court.
An intermediate appellate court has no jurisdiction over an appeal from an order
denying a request for nunc pro tunc relief. Everett v. State, 82 S.W.3d 735 (Tex. App.—
Waco 2002, pet. dism’d); Sanchez v. State, 112 S.W.3d 311, 312 (Tex. App.—Corpus
Christi 2003, no pet.). Accordingly, the court dismisses this appeal for want of
jurisdiction.
Patrick A. Pirtle
Justice
Do not publish.
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