Ex Parte Gregory Lynn Allen ( 2022 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
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No. 02-22-00128-CR
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EX PARTE GREGORY LYNN ALLEN
On Appeal from the 372nd District Court
Tarrant County, Texas
Trial Court No. C-D372-W011815-1589063-A
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
On January 27, 2020, the trial court sentenced Appellant Gregory Lynn Allen
to twelve years’ confinement for robbery causing bodily injury. See Tex. Penal Code
Ann. § 29.02. No motion for new trial was filed, so Allen’s notice of appeal was due
February 26, 2020, but was not filed until June 16, 2022. See Tex. R. App. P. 26.2(a)(1).
From Allen’s notice of appeal and other documents filed with it, we see that he filed
an Article 11.07 application for a post-conviction writ of habeas corpus and that he
may attempt to appeal the trial court’s order recommending its denial. See Tex. Code
Crim. Proc. Ann. art. 11.07. But we have no jurisdiction over post-conviction
applications under Article 11.07 of the Code of Criminal Procedure. See id.; Ater v.
Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding)
(stating that the Texas Court of Criminal Appeals is the “only court with jurisdiction
in final post-conviction felony proceedings”); Leyhe v. State, No. 02-20-00154-CR,
2021 WL 126369, at *1 (Tex. App.—Fort Worth Jan. 14, 2021, no pet.) (mem. op.)
(“We do not have jurisdiction over matters related to post[-]conviction relief from an
otherwise final felony conviction.”).
On June 24, 2022, and September 1, 2022, we notified Allen of our concern
that we lack jurisdiction over his appeal and stated that unless he filed a response
showing grounds for continuing the appeal, we would dismiss it. See Tex. R. App. P.
44.3. We received no response from Allen.
2
If Allen intends this as an appeal from his conviction, we do not have
jurisdiction over it because Allen’s notice of appeal was not timely. See Tex. R. App. P.
25.2(b), 26.2(a)(1) (stating that a defendant has thirty days after the imposition of a
sentence to file a notice of appeal), 43.2(f); Slaton v. State, 981 S.W.2d 208, 210 (Tex.
Crim. App. 1998); Rodarte v. State, 860 S.W.2d 108, 110 (Tex. Crim. App. 1993)
(discussing the rule of appellate procedure that preceded Rule 26.2, which likewise
required the filing of a notice of appeal within thirty days after the imposition of a
sentence, and dismissing an untimely appeal for want of jurisdiction). Because a timely
notice of appeal is an essential component of our jurisdiction, we dismiss the appeal.
See Tex. R. App. P. 25.2(b), 26.2(a)(1), 43.2(f). If Allen is intending to appeal from the
trial court’s order recommending denial of post-conviction habeas relief, we do not
have jurisdiction over such an appeal.1 See Tex. Code Crim. Proc. Ann. art. 11.07;
Ater, 802 S.W.2d at 243; Leyhe, 2021 WL 126369, at *1. We therefore dismiss the
appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
Per Curiam
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: December 15, 2022
1
On November 25, 2020, the Texas Court of Criminal Appeals denied Allen’s
application without written order.
3