Fabien Murry v. State ( 2020 )

IN THE
TENTH COURT OF APPEALS
No. 10-20-00119-CR
FABIEN MURRY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2014-61-C2
MEMORANDUM OPINION
Fabian Murry, an inmate, presented a document to the Court entitled, “Out of
Time Motion For Direct Appeal,” which was filed on April 1, 2020. It is apparent from
the motion that Murry realizes a notice of appeal now would be late and thus, seeks
approval to file a late notice of appeal. We lack jurisdiction 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.).
Accordingly, Murry’s “Out of Time Motion For Direct Appeal” and this
proceeding as a whole are dismissed for want of jurisdiction.
Notwithstanding that we are dismissing this proceeding, Murry may file a motion
for rehearing with this Court within 15 days after this opinion and judgment are rendered
if he believes this opinion and judgment are erroneously based on inaccurate information
or documents. See TEX. R. APP. P. 49.1. Moreover, if Murry wishes to have the opinion
and judgment of this Court reviewed by filing a petition for discretionary review, that
petition must be filed with the Court of Criminal Appeals within 30 days after either the
day this Court’s judgment is rendered or the day the last timely motion for rehearing is
overruled by this Court. See TEX. R. APP. P. 68.2(a).
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Motion dismissed; proceeding dismissed
Opinion delivered and filed April 8, 2020
[OT06]
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